t  m 


feSai       /w 

KUnaSH^raH 


m      i 


vi  Am 


s 

University  of  California  •  Berkeley 

Bequest   of 
LOUISIANA   SCOTT    SHUMAN 


LOOT! 


PUB 


T  /  \  T 


GONLAl 


• 


LOOTERS 

OF  THE 

PUBLIC  DOMAIN 


BY 

S.    A.    D.    ^UTER 

KING  OF  THE  OREGON  LAND  FRAUD  RING 

IN  COLLABORATION 

WITH 

HORACE  STEVENS 

LATE  OF  THE  GOVERNMENT 
LAND  SERVICE 


EMBRACING  A  COMPLETE   EXPOSURE    OF  THE 

FRAUDULENT    SYSTEM    OF   ACQUIRING 

TITLES    TO  THE    PUBLIC    LANDS 

OF    THE    UNITED    STATES 


PROFUSELY   ILLUSTRATED   WITH   SPLENDID   HALFTONE 
ENGRAVINGS  AND  ETCHINGS  OF  IMPORTANT  INCI- 
DENTS CONNECTED  WITH  THE  DIFFERENT 
TRIALS,  TOGETHER  WITH  THE  LATEST 
PHOTOGRAPHS  OF  THE  PRINCI- 
PAL ACTORS  IN  THE  GREAT 
LAND  FRAUD  DRAMA 


PORTLAND,  OREGON,  1908 

THE  PORTLAND  PRINTING  HOUSE 

PUBLISHERS 


COPYRIGHT,  1907 

BY  S.  A.  D.  PUTER  AND 

HORACE  STEVENS 


TO  THE  MEMORY 
OF 

DAVY  CROCKETT 

ONE  OF  THE  SAINTED  HEROES  OF  THE  ALAMO,  WHO 

GAVE  VOICE  TO  THE  IMMORTAL 

EXPRESSION 

"FIRST  BE  SURE  YOU'RE  RIGHT 
THEN  GO  AHEAD" 


Introductory 


By  Horace  Stevens 


FROM  the  dismal  recesses  of  a  prison  cell,  S.  A.  D.  Puter,  the  acknowledged 
leader  of  the  Oregon  land-fraud  ring,  who  was  pardoned  by  the  President, 
December  31,  1907,  after  serving  17  months  of  a  two-years'  sentence  in 
the  Multnomah  County  jail  for  conspiracy  to  defraud  the  Government  of  its 
public  lands,  has  sent  forth  through  these  pages  a  series  of  narratives  that  is 
reasonably  certain  to  stimulate  deliberate  thought  and  give  expression  to  intelli- 
gent opinion  in  every  quarter  penetrated  by  the  recitals.  In  them  are  depicted 
conditions,  the  revelation  of  which  ought  to  have  a  tendency  to  awaken  the  law- 
makers of  the  country  to  the  necessity  for  providing  legal  safeguards  against  all 
such  contingencies.  Through  this  medium,  courts  may  ultimately  come  to  per- 
ceive the  importance  for  removing  most  of  the  rigid  bars  that  now  operate  as  a 
protection  to  the  criminal  element,  and  permit  the  introduction  of  apparently 
irrelevant  lines  of  testimony  that  material  evidence  might  be  fortified. 

The  whole  civilized  world  has  a  listening  ear  to  the  ground,  trained  in 
the  endeavor  to  catch  some  sound  that  will  appeal  to  the  harmonies  of  human 
nature ;  that  will  operate  to  lighten  the  burdens  of  existence,  and  foster  the  higher 
principles  of  life.  The  better  elements  of  society  are  ever  on  the  alert  to  gain 
new  ideas  that  will  aid  in  the  development  of  these  commendable  features,  and 
I  am  convinced  that  this  work,  unclassic  as  it  may  seem  at  times  in  expression, 
cannot  fail  to  fulfill  some  hopeful  expectation  of  that  character. 

I  have  collaborated  throughout  with  Mr.  Puter  in  the  preparation  of  the 
book,  under  very  trying  conditions,  and  together  we  have  endeavored  to  clothe 
the  different  narratives  with  some  degree  of  human  interest,  commensurate  with 
a  strict  adherence  to  the  element  of  fact.  Furthermore,  out  of  all  the  mass 
of  information  bearing  upon  the  subject  that  has  been  furnished  me  by  the 
author,  I  have  selected  only  such  portions  that  appealed  to  me  as  having  an 
important  relationship  to  the  whole  fraudulent  system,  realizing  full  well  the 
utter  impossibility  of  publishing  in  one  volume  even  the  meagre  details  of  the 
various  transactions  in  which  Mr.  Puter  has  figured,  covering  a  period  of  at 
least  a  quarter  of  a  century. 

It  may  be  urged  by  some  that  the  printing  of  such  a  book,  exposing,  as 
it  does,  numerous  human  frailties,  can  accomplish  no  genuine  benefit  to  mankind, 
but  I  beg  to  take  issue  with  all  such  criticism.  Several  local  clergymen,  besides 
many  others  vitally  interested  in  the  problems  affecting  racial  advancement,  have 
become  deeply  concerned  in  this  publication,  and  have  urged  me  repeatedly  to 
probe  the  ulcer  to  the  bottom,  upon  the  hypothesis  that  the  light  of  day  would 
furnish  ample  remedy  for  any  existing  social  ill.  We  have  therefore  undertaken, 
without  fear  or  favor,  or  the  exhibition  of  the  slightest  particle  of  rancor,  to 
comply  with  this  seemingly  spontaneous  demand,  and  present  herewith  what  we 
know  to  be  the  truth,  let  the  blows  fall  where  they  may.  If  they  are  productive 
of  bleeding  hearts,  then  it  is  because  those  organs  are  of  the  same  quality  of 
weakness  that  distinguished  a  failure  to  resist  temptation. 

It  was  in  the  destiny  of  things  that  the  extensive  land- frauds  prevalent 
upon  the  Pacific  Coast  should  have  been  exposed,  just  the  same  as  it  is  natural 
that  any  congestion  shall  finally  be  relieved.  Great  floods  may  overflow  a  river's 

Page  7 


banks,  but  we  realize  that  it  is  not  an  everlasting  condition ;  epidemics  may 
devastate  communities,  though  history  shows  their  existence  is  short-lived,  and 
that  nothing  abnormal  is  ever  eternal.  Consequently,  the  problems  incident  to 
the  looting  of  the  public  domain  were  gradually  working  out  their  own  solution, 
and  made  palpably  so  by  reason  of  the  fact  that  the  disciples  of  the  \vrong  were 
becoming  so  bold  in  their  operations,  and  blazing  such  a  well-defined  trail,  that 
the  conclusion  to  their  rascalities  was  plainly  inevitable. 

One  of  the  most  significant  of  the  many  morals  pointed  by  the  different 
narratives  in  these  pages  is  the  powerful  emphasis  to  the  old-fashioned  creed 
that  honesty  is  always  the  best  policy.  Although  Mr.  Puter  has  gone  very 
thoroughly  into  details  concerning  numerous  fraudulent  land  transactions,  it 
does  not  appear  that  he  profited  to  any  great  extent  by  any  of  his  crooked  deals, 
and  in  most  instances  whatever  he  made  by  these  unlawful  operations  was  con- 
sumed by  expenses  incident  to  getting  his  bogus  claims  through  the  Land 
Department,  or  by  the  adoption  of  desperate  and  costly  efforts  to  cover  up  his 
tracks.  The  gross  proceeds  of  the  notorious  11-7  deaf  aggregated  but  810,080, 
all  of  which  went  to  pay  the  price  of  corruptive  tactics,  leaving  him  practically 
without  a  dollar  to  face  the  criminal  charge  remaining  as  the  only  legacy  of 
his  wrong-doing. 

Experience  and  philosophy  teach  us  that  there  is  a  cause  for  every  effect, 
and  the  influences  at  work  with  sufficient  vigor  to  impel  men  to  risk  life  and 
liberty  in  their  efforts  to  wrongfully  acquire  Government  lands,  were  not  of  a 
character  to  reflect  general  discredit  upon  the  citizenship  of  Oregon,  merely  be- 
cause there  were  those  within  her  borders  base  enough  to  permit  greed  and  graft 
and  their  love  for  Mammon  to  run  amuck  with  principle. 

It  is  one  of  the  most  remarkable  features  of  the  whole  situation  that  while 
dishonesty  was  the  basis  of  these  frauds,  many  of  their  perpetrators  were 
punished  upon  the  threshold  of  their  offenses,  among  their  friends  and  neigh- 
bors, and  by  juries  composed  for  the  most  part  of  those  who  had  been  life-long 
associates  of  the  accused,  and  naturally  entertained,  sympathetic  interest  in  their 
behalf,  if  there  was  any  sort  of  compassion  one  way  or  the  other. 

It  may  be  said,  also,  to  the  everlasting  credit  of  the  manhood  of  Oregon, 
that  there  was  no  shirking  of  duty  when  it  came  to  a  question  of  dealing  out 
the  full  measure  of  justice  to  the  guilty.  The  eyes  of  humanity  were  fixed 
upon  each  person  sitting  in  judgment  as  a  juror  in  the  various  cases,  and  the 
honorable  part  of  the  whole  world  applauded  every  verdict  returned.  Rank 
cut  no  figure  with  them.  All  criminals  looked  alike  to  Oregon  juries.  Thus,  a 
United  States  Senator,  a  Congressman,  two  former  United  States  Attorneys,  sev- 
eral members  of  the  State  Legislature,  and  others  of  more  or  less  political  re- 
nown, were  actually  convicted,  while  another  Congressman,  numerous  personages 
in  the  millionaire  class,  and  many  others  of  greater  or  less  degree  of  prominence 
in  the  political,  commercial  and  social  sides  of  life,  have  been  indicted,  and  are 
now  awaiting  their  fates  with  chilling  marrows.  Further  along  I  present  a 
complete  list  of  all  the  indictments  that  have  been  returned  up  to  the  present 
time  in  connection  with  recent  land  frauds  by  the  Federal  grand  juries  of  Oregon, 
together  with  a  brief  synopsis  of  the  social  status  of  each  person  implicated 
thereby.  While  it  may  seem  appalling,  in  a  way,  it  is  not  without  its  morals, 
because  it  indicates  more  plainly  than  words  of  mine  can  portray  that  Justice 
has  stalked  in  blindfolded  fashion  through  the  ranks  of  crime. 

Portland,  more  beautiful  than  Palmyra  of  old,  with  a  moral  refinement 
and  culture  that  shines  with  lustrous  brilliancy  in  the  galaxy  of  Northwestern 
cities,  and  famed  as  the  most  healthy  municipality  of  the  world  in  civic  and 
climatic  conditions,  had  no  important  share  in  these  land  frauds,  after  all  the 
aspersions  that  have  been  heaped  upon  her  fair  name. 

Oregon,  one  of  the  grandest  regions  of  the  universe,  whose  light  is  fast 
emerging  from  the  bushel  under  which  her  charms  have  been  so  long  hidden, 
does  not  hive  all  the  land  rogues  of  creation  by  any  means,  and  never  reared 

Page    8 


within  her  borders  the  soul  so  base  as  to  inspire  this  wholesale  depredation ; 
and  I  hurl  back  in  the  teeth  of  those  who  have  been  foul  enough  to  make  the 
charge,  the  contemptible  reflection  that  has  been  cast  upon  her  law-abiding 
community. 

Practically  all  the  arrangements  for  this  immense  plunder  originated 
among  unscrupulous  residents  of  distant  parts — in  the  ranks  of  the  devout 
moneyed  aristocracy  beyond  the  Rocky  Mountains,  and  it  has  remained  for  the 
honest  manhood  of  Oregon  to  redeem  the  commonwealth  from  the  stigma  of 
dishonor  that  has  been  written  across  its  fair  name  by  the  polluted  hands  of 
Eastern  commercial  greed. 

Careful  analysis  of  the  situation  indicates  that  most  of  these  stupendous 
schemes  of  plunder  were  concocted  in  the  cunning  minds  of  those  who  had  made 
a  life-study  of  the  subject.  Upon  the  States  of  Minnesota,  Wisconsin  and 
Michigan  rests  the  principal  burden  for  this  kind  of  offspring,  because  they 
produced — 

A  JIM  HILL,  with  his  Rainier  Mountain  Forest  Reserve  steal  of  the 
Northern  Pacific; 

A  WEYERHAEUSER,  with  his  tainted  timber  wealth  that  has  made  him 
"Richer  than  Rockefeller;" 

A  THOMAS  B.  WALKER,  with  his  500,000-acre  grab  of  the  public 
domain  in  California  and  Oregon,  and  his  celebrated  art  gallery  in 
Minneapolis,  famed  for  its  rare  exhibit  of  $100  bills  on  the  back 
of  picture  frames  as  a  kindly  remembrance  to  needy  Special  Agents 
of  the  Land  Department; 

A  C.  A.  SMITH,  with  his  army  of  "dummy"  entrymen,  and  his  100,000 
acres  of  perjured  titles,  which  the  Government  ought  to  cancel. 

And  a  host  of  others  who  are  responsible  for  present  conditions.  They 
are  the  ones  upon  whom  these  crimes  should  be  fastened ;  they  are  the  ones  who 
have  waxed  fat  in  the  grease  of  loot  at  the  expense  of  the  rising  generations 
of  the  West — who,  after  committing  their  base  robberies,  have  attempted  to 
affix  its  stain  upon  a  proud-spirited  people,  and  then  laughed  in  their  sleeves  at 
the  discomfiture  they  have  caused  by  the  lying  insinuation — and  it  was  the  kind 
of  laughter  that  is  heard  in  hell  over  the  loss  of  a  soul. 

The  records  will  show  that  these  men  have  been  engaged  in  like  pursuits 
— as  the  immortal  sea-rovers  of  olden  times  followed  the  Spanish  Main — since 
the  days  when  their  own  States  were  the  banner  lumber  producing  districts  of 
the  country,  and  that  the  motives  which  prompted  them  to  turn  their  greedy 
eyes  towards  Pacific  shores,  were  inspired  by  the  same  debasing  principles  of 
pillage  that  actuated  Alexander  the  Great  in  seeking  new  worlds  to  conquer. 

Having  exhausted  the  timber  resources  of  the  Middle  West  by  their 
wanton  processes  of  destruction  and  waste,  the  virgin  forests  of  the  Pacific 
Coast  appealed  to  them  as  only  purity  can  attract  the  elements  of  lust. 

The  question  naturally  arises:  "Why  were  such  men  as  Thomas  B. 
Walker  and  C.  A.  Smith  not  prosecuted  criminally  for  tjieir  plain  and  deliberate 
violations  of  the  land  laws  of  this  country,  but  permitted  to  go  scot  free  when 
the  records  show  that  they  fraudulently  acquired  enough  land  from  the  Govern- 
ment to  make  Puter's  efforts  along  those  lines  puny  in  comparison?" 

The  answer  is  embodied  in  the  fact  that  both  are  millionaires,  and  because 
the  United  States  Attorneys  for  Oregon  and  California  during  1902  and  1903 
simply  shut  their  eyes  to  their  duties.  In  consequence,  the  statute  of  limitations 
was  permitted  to  run  against  their  offenses,  but  that  does  not  hinder  the  Govern- 
ment from  cancelling  their  fraudulent  claims,  as  six  years  from  the  date  of 
issuance  of  patent  is  allowed  by  law  in  which  to  begin  such  proceedings. 

On  the  Smith  entries  in  Oregon,  this  time  will  expire  June  4,  1908,  and 
if  there  is  an  honest  Department  of  Justice  in  Washington,  there  is  still  ample 
opportunity  for  checking  this  immense  steal.  The  proofs  of  the  frauds  relative 

Page    9 


to  much  of  the  Smith  lands  are  in  evidence  as  Government  exhibits  at  Portland, 
Oregon,  in  the  case  of  the  United  States  against  John  H.  Mitchell,  and  have 
been  there  since  June,  1905,  and  if  no  action  is  taken  by  the  authorities  in  Wash- 
ington to  utilize  this  proof  and  save  to  the  public  this  vast  domain,  then  it  is 
high  time  that  those  responsible  should  be  impeached  in  disgrace  for  their 
perfidy.  -. 

In  the  case  of  the  Walker  lands  in  Northern  California  and  Southern 
Oregon,  embracing  several  hundred  thousand  acres  of  valuable  timber,  much 
was  located  by  process  of  "dummy"  entrymen  in  1902,  but  patents  were  not 
issued  for  fully  a  year  thereafter;  so  there  is  no  excuse  for  allowing  the  period 
to  go  by  in  which  to  proceed,  as  there  is  still  fully  a  year  left. 

That  the  Land  Department  in  Washington  has  winked  at  these  frauds  all 
along  is  a  matter  of  history.  On  November  9,  1902,  the  writer  made  a  complete 
report  to  Lewis  E.  Aubury,  State  Mineralogist  of  California,  covering  extensive 
investigations  of  Walker's  fraudulent  timber  land  operations  in  the  Susanville 
and  Redding  Land  Districts  of  California,  and  a  synopsis  of  this  report  was 
not  only  published  in  the  San  Francisco  newspapers  on  November  12,  1902, 
and  sent  broadcast  throughout  the  country  by  the  Associated  Press,  but  complete 
copies  of  the  report  itself  were  transmitted  to  the  Interior  Department  and 
General  Land  Office,  and  are  still  on  file  in  those  offices. 

In  that  report,  fully  fifty  specific  charges  of  fraud  were  alleged,  and  yet, 
in  the  face  of  this  evidence,  Commissioner  of  the  General  Land  Office  R.  A. 
Ballinger,  during  his  visit  to  the  Pacific  Coast  in  the  Summer  of  1907,  in  the 
course  of  an  interview  in  the  San  Francisco  Examiner,  is  quoted  as  declaring 
that  his  Department  would  make  no  effort  to  investigate  the  Walker  entries 
unless  the  California  State  Mining  Bureau,  or  others  equally  interested,  should 
furnish  the  General  Land  Office  with  "specific  charges"  of  fraud !  Just  as  if  it 
is  at  all  necessary  for  any  State  officer  to  call  the  attention  of  a  high  Government 
official  to  matters  affecting  the  public  domain  of  the  United  States! 

It  is  an  episode  of  history  that  Nero  fiddled  while  Rome  was  burning,  and 
it  is  self-evident'  that  Commissioner  Ballinger  is  a  firm  disciple  of  the  doctrine 
that  there  ought  to  be  a  repetition  of  history,  whether  the  people  want  it  or  not. 

At  the  door  of  avarice  can  be  laid  all  the  sins  of  the  land  frauds,  and 
this  trait  is  responsible  for  the  ultimate  undoing  of  the  perpetrators.  Had  Mays, 
Jones  or  Kribs  been  liberal  enough  not  to  have  allowed  avarice  to  blind  them, 
and  had  come  to  Puter's  rescue  with  bonds  after  his  conviction  in  the  11-7  case, 
he  would  have  been  the  last  man  on  earth  to  have  exposed  them,  and  it  stands 
as  an  indelible  record  that  Puter's  co-operation  with  the  Government  was  the 
key  that  unlocked  the  vaults  of  corruption,  and  furnished  the  means  by  which 
United  States  Senator  Mitchell,  and  others  in  high  official  power,  were  made 
to  suffer  for  their  offenses. 

It  was  the  narrow,  selfish  natures  of  this  trio  that  made  them  afraid 
of  their  souls,  and  caused  them  to  tighten  their  purse-strings  when  their  old 
associate  in  crime  pleaded  with  them  for  the  small  boon  of  freedom.  Ready  to 
put  up  thousands  or  any  unlimited  amount  when  it  came  to  a  question  of  bribery 
or  the  corruption  of  public  officials,  they  were  too  deeply  impregnated  with  the 
germs  of  covetousness,  too  much  the  slaves  of  greed,  to  chance  the  loss  of  a 
picayune,  even  though  well  aware  that  by  reason  of  their  complicity  in  his 
fraudulent  operations  they  were  completely  at  his  mercy,  and  that  their  indiffer- 
ence to  his  fate  was  planting  in  his  breast  those  seeds  of  hate  and  revenge  whose 
harvest  must  be  their  own  dishonor  and  downfall. 

Had  Senator  Mitchell  refrained  from  making  his  unfortunate  speech  in 
the  United  States  Senate  immediately  after  his  first  indictment,  the  probabilities 
are  that  the  full  measure  of  his  infamy  would  never  have  been  known,  because 
what  he  said  upon  that  memorable  occasion  amounted  to  a  challenge  for  Puter 
to  do  his  worst,  and  I  have  no  desire  to  rake  up  the  dead  past  to  show  what  that 
all  meant. 

Page    10 


It  is  idle  for  Eastern  magazine  writers  of  the  "slobbery"  variety  to  declare 
that  Puter's  so-called  confessions  were  brought  about  by  detective  ability  of  the 
"sixth  sense"  order.  I  am  in  a  position  to  state  authoritatively  that  he  went  to 
Heney  on  his  own  volition,  exactly  as  he  has  described  in  one  of  the  chapters, 
and  gave  to  the  Government  the  information  that  sounded  the  doom  of  the  Oregon 
land  frauds. 

Those  who  profited  most  by  Puter's  fraudulent  operations  had  recognized 
in  him  a  daring  spirit  whose  early  environs  had  stamped  him  with  courageous 
instincts,  and  they  knew  he  was  not  afraid  to  take  chances — with  law  or  any- 
thing else.  They  found  out  that  they  could  use  him  as  a  battering-ram  to 
break  the  laws,  and  open  the  doors  to  a  vast  treasure  trove.  Sordid  motives 
were  behind  all  their  concern  for  Puter,  and  when  the  time  came — as  come  it 
must  where  dishonest  methods  are  the  incentive — and  they  realized  that  the 
"jig  was  up,"  they  deserted  him  as  rats  leave  a  sinking  ship.  To  them  he  was 
simply  a  worked-out  gold  mine,  and  with  all  their  assumed  superior  intelligence, 
blunted,  perhaps,  by  constant  contact  with  greed,  and  with  minds  intoxicated  by 
the  stimulant  of  illegitimate  gain,  they  were  unable  to  cope  with  the  problems 
of  retribution — the  unexploded  blasts  in  the  abandoned  shafts. 

To  Ethan  Allen  Hitchcock,  ex-Secretary  of  the  Interior,  must  be  attri- 
buted the  principal  credit  for  the  suppression  of  the  land-fraud  evils,  and  his 
greatest  luster  shines  forth  as  a  limelight  upon  the  class  of  enemies  he  has  made 
by  the  operation.  Every  scoundrel  in  the  land  has  denounced  him  for  doing 
what  they  well  knew  was  his  plain  duty  as  an  honest  official,  and  if  any  reward 
must  come  to  him,  it  must  be  in  the  future  from  the  hearts  of  a  grateful  people, 
and  not  from  politicians. 

If  doubts  have  ever  existed  as  to  the  necessity  for  the  adoption  of  stringent 
measures  that  marked  the  prosecution  of  those  involved  in  the  crime  of  looting 
the  public  domain,  I  am  reasonably  sure  a  perusal  of  these  pages  will  have  a 
tendency  to  remove  any  such  feeling,  and  convince  the  most  skeptical  that 
Secretary  Hitchcock  was  actuated  by  sound  and  lofty  motives  when  he  throttled 
the  land-grabbers  with  the  iron  hand  of  the  Government.  That  he  did  so  at 
an  opportune  moment,  none  can  deny,  because  he  was  dealing  with  an  element 
that  had  become  so  bold  in  their  designs  that  they  felt  themselves  above  the  law, 
and  it  was  a  case  of  a  desperate  ailment  requiring  a  desperate  remedy. 

The  influence  of  any  class  imbued  with  corruptive  methods  is  detrimental 
to  the  best  interests  of  a  community,  and  there  is  no  use  in  denying  that  those 
who  have  been  instrumental  in  causing  so  much  rank  perjury  in  connection  with 
the  acquisition  of  titles,  are  responsible  for  a  condition  that  has  left  its  mark 
upon  the  people  of  the  public  land  States  in  a  manner  comparable  to  the  trail 
of  a  serpent. 

There  is  a  compensating  side  to  these  land  frauds,  after  all.  The  fact 
of  attempted  fraud  of  so  stupendous  a  character  discloses  in  itself  that  the 
prize  was  great  which  moved  men  to  chance  their  reputations  and  jeopardize 
their  personal  liberty.  They  were  at  least  seeking  something  that  was  worth 
the  having.  Men  are  not  likely  to  take  these  risks  unless  the  inducements  are 
sufficiently  alluring  to  excite,  to  the  last  degree,  the  cupidity  in  their  natures. 
This  does  not  involve  any  defense  of  fraud.  It  simply  brings  to  the  attention  of 
the  world,  through  this  medium,  the  marvelous  opportunities  for  the  honest 
acquisition  of  wealth  that  abound  in  the  West. 

The  history  of  any  great  undertaking  wherein  exploration  has  figured, 
and  wherein  conditions  have  demanded  the  exercise  of  abnormal  energy,  indicates 
clearly  that  there  is  nothing  in  the  world  worth  having  that  can  be  attained 
without  a  compensating  hardship  of  some  sort.  The  gold  of  the  Klondike  was 
buried  far  below  the  surface  in  icy  moss;  the  treasures  of  Tonopah  and  Goldfield 
lie  deep  beneath  the  sands  of  an  appalling  desert;  and  so  of  the  vast  domain  of 
Oregon,  with  the  immense  wealth  that  is  wrapped  up  in  its  undeveloped  forests 
and  stock  ranges;  they  offer  difficulties  in  the  way  of  acquisition  by  legal  process 

Page    11 


that  have  moved  men  to  criminal  expedients  that  the  road  through  honest  attain- 
ment might  be  shortened. 

It  might  be  erroneously  supposed,  because  of  this  criminal  activity,  that 
there  was  lack  of  opportunity  for  the  honest  acquirement  of  public  land  in  this 
State ;  that  as  a  matter  of  fact  such  land  was  scarce.  The  contrary  is  the  case. 
There  are  millions  of  acres  of  Government  land  lying  within  the  borders  of 
Oregon.  By  far  the  greater  portion  of  it  is  subject  to  entry  on  a  legitimate 
basis  and  in  various  ways.  In  short,  the  opportunity  has  ripened  since  thieves 
have  been  run  to  cover  for  bona-fide  settlers  to  come  forward  and  secure  the 
cream  of  this  immense  domain. 

The  land  area  of  Oregon  is  more  than  66,000,000  acres.  Of  this  17.730,000 
acres  is  vacant  Government  land,  available  for  settlement,  according  to  the  last 
report  of  the  Commissioner  of  the  General  Land  Office.  That  it  varies  in  char- 
acter goes  without  saying,  but  there  is  a  sufficiency  of  most  excellent  quality  to 
induce  any  honest  citizen  to  become  a  prospector  upon  a  legitimate  basis,  with  the 
view  of  acquiring  a  homestead  or  timber  claim.  The  land  laws  of  the  United 
States  are  liberal  enough  to  suit  every  requirement.  They  were  framed  originally 
to  encourage  the  settlement  of  the  country.  In  many  localities  chances  offer  for 
a  person  to  obtain  temporary  employment  in  the  neighborhood  where  he  desires 
to  locate,  which  brings  to  hand  a  measure  of  income  while  he  is  proving  up  hi? 
claim  in  accordance  with  law.  He  is  permitted  to  do  this  under  the  regulations 
of  the  Land  Department,  providing  he  does  not  abuse  the  privilege. 

Soil  that  is  rich  enough  to  grow  pine  trees  of  the  magnitude  that  flourish 
in  the  Northwest,  is  certainly  sufficiently  prolific  to  produce  fruit  of  the  size 
and  flavor  that  has  made  this  region  famous,  and  which  retail  in  all  markets 
at  attractive  figures,  so  the  inference  is  obvious,  and  the  value  of  logged-off 
lands  for  agricultural  purposes  has  been  thoroughly  demonstrated  in  every  section 
of  the  Northwest. 

That  this  book  will  be  found  unique  in  many  respects,  is  a  foregone  con- 
clusion. Probably  no  other  work  of  similar  import  has  ever  been  published,  and 
in  all  human  probability,  occasion  may  never  again  arise  for  its  counterpart, 
because  the  inspiration  for  the  idea  was  based  upon  conditions  that  are  fast 
disappearing,  and  the  reign  of  the  landgrabber,  of  the  type  with  uncouth  methods, 
like  the  rapidly  dissipating  ranks  of  the  buffalo  herds,  the  decadence  of  the 
red  men,  and  the  passing  of  all  that  goes  to  make  up  the  picturesque  features 
of  Western  history,  has  departed  forever,  and  as  a  class  that  has  been  considered 
in  these  pages,  they  have  made  their  last  stand  of  any  serious  consequence  on 
this  continent.  In  their  stead  has  arisen  a  new  generation  of  plunderers,  more 
subtle  and  swift  in  their  operations,  because  the  looting  of  the  public  domain 
has  now  become  one  of  the  gentler  arts,  and  the  "dummy"  timber  entryman  and 
perjured  homesteader,  with  their  ways  redolent  of  the  frontier,  have  given  place 
to  the  polished  enactments  of  a  subservient  Congress,  which  is  interpreting  the 
land  laws  to  meet  the  requirements  of  greedy  corporations,  without  any  heed 
whatever  to  the  people's  rights. 

It  is  noteworthy  that  the  contents  of  this  volume  furnishes  an  object 
lesson  in  support  of  the  idea  that  there  is  remarkable  similarity  in  all  fraudulent 
enterprises,  and  that  the  scheme  of  looting  the  public  domain  is  merely  a 
by-product  of  the  general  system  of  plunder  running  riot  throughout  the  country. 
The  same  tools  are  used  upon  all  occasions  where  it  is  found  expedient  to  rob 
the  people.  The  same  Courts  are  tampered  with,  the  same  members  of  both 
branches  of  Congress  are  in  line,  and  the  same  heads  of  Departments  in  \Yash- 
ington  are  polluted  each  time,  until  it  has  come  to  be  regarded  as  certain  that 
vast  interests  have  fattened  on  the  life-blood  of  the  nation  by  process  of  having 
a  veteran  force  at  their  constant  command.  It  goes  to  show  that  there  is  a  close 
bond  between  the  plunderers  of-  every  description,  upon  the  same  principle  that 
there  is  honor  among  thieves,  and  they  have  developed  a  vein  of  activity  in  this 

Page    12 


country  that  has   its  parallel   in  the   history  of   the   downfall  of   the   Roman 
Empire. 

No  nation  can  long  survive  the  reign  of  corruption  that  has  characterized 
the  speculative  craze  existing  in  America  during  the  past  decade.  It  has 
permeated  all  branches  of  public  service,  and  the  history  of  the  land  frauds  of 
the  West  is  the  history  of  corruptive  tactics  in  other  directions.  Corruption  is 
a  hydra-headed  monster  of  hideous  mien,  and  the  fact  that  it  has  been  exposed 
wholesale  by  the  land  fraud  trials  in  Oregon,  and  the  graft  prosecutions  in  San 
Francisco,  and  in  retail  fashion  in  other  States  and  other  cities,  should  never 
be  accepted  that  it  is  dead  beyond  all  power  of  resurrection. 

Portland,  Oregon,  March  10,  1908. 


Buffalo  Head  on  Wyoming  Plains 


Page    13 


Chapter  I 


Early  life  of  Puter  in  the  California  Redzvoods,  showing  how  he  was  reared 
amidst  scenes  of  turmoil  and  bereft  of  refining  influences — Details  the 
Indian  outbreak  of  forty  years  ago,  wherein  his  childhood  home  zvas 
reduced  to  ashes — Gives  his  experience  as  a  lumberman  and  practical 
logger — Also  tells  the  story  of  his  initial  connection  with  Government 
Lands,  and  how  his  environs  were  such  as  to  inspire  him  with  a  desire  to 
prey  upon  the  public  domain — Describes  the  first  fraud  of  any  consequence 
under  the  Timber  and  Stone  Act  of  June -3,  iS/S. 

By  S.A.  D.  Puter 

1WAS  BORN  January  6,  1857,  in  Trinity  County,  California.     Two  years 
later  my  parents  moved  to  Humboldt  County,  in  that  State,  where  my  father 
purchased  the  possessory  title  to  a  homestead  claim  on  Mad  River,  about 
twenty  miles  north  of  Eureka.     Here  I  was  reared,  leaving  there  in  1888  and 
moving  to  Oregon,  living  in  Portland  until  1902,  at  which  time  I  took  my  family 
to  Berkeley,  California,  where  they  now  reside. 

Our  family  consisted  originally  of  three  sons  and  four  daughters,  but 
of  these,  only  four  of  the  children  survive — Lawrence  F.  Puter,  an  attorney  of 
Eureka,  California,  and  one  of  my  counsels  in  the  Township  "11-7"  case;  Lucile, 
the  youngest  sister,  wife  of  Robert  Sawyer,  of  Los  Angeles,  California;  Daniel, 
at  present  engaged  in  mining  in  the  State  of  Idaho,  and  myself. 

During  1861-62,  when  I  was  but  five  years  old,  the  Indians  broke  out 
in  Humboldt  County,  killing  a  number  of  farmers  and  stockmen  while  on  the 
warpath,  and  burning  and  destroying  a  great  deal  of  property  belonging  to 
the  settlers  thereabouts,  our  home  being  among  the  first  to  suffer  in  that 
respect,  on  account  of  its  isolated  position.  After  this  episode,  father  moved  the 
family  into  the  town  of  Arcata,  which  is  situated  on  Humboldt  bay,  twelve  miles 
north  of  Eureka,  and  with  a  number  of  other  men,  formed  a  military  company 
and  inaugurated  a  vigorous  campaign  against  the  redmen,  completely  subduing 
them  at  the  end  of  two  years'  fighting.  In  1864  father  went  to  Idaho  and  en- 
gaged in  mining,  leaving  his  family  in  Arcata.  Two  years  later  our  claim  was 
"jumped"  by  squatters,  as  we  had  never  completed  the  title  on  account  of  the 
depredations  of  the  Indians.  As  soon  as  my  mother  learned  of  the  situation,  she 
moved  the  family  back  on  the  place,  where  we  lived  in  a  shack  during  the  summer 
and  winter  of  1866  and  up  to  the  fall  of  1867,  when  my  father  returned  from 
Idaho,  remaining  with  us  on  the  ranch  until  his  death  in  1886. 

My  educational  advantages,  as  may  be  imagined,  were  very  limited,  and 
were  confined  to  short  terms  in  the  public  schools  of  Arcata  during  the  summers 
of  1865-66.  I  was  then  but  nine  years  old,  and  as  we  moved  back  on  our  ranch 
in  1866  I  had  no  opportunity  for  attending  school  until  1873,  and  then  only  in 
the  summer  of  that  year  and  the  year  following,  on  account  of  the  great  distance 
the  school  house  was  from  our  ranch.  Whatever  knowledge  I  have  acquired 
has  been  picked  up  in  my  business  transactions  throughout  the  country. 

During  father's  absence  in  Idaho,  the  family  experienced  many  hardships 
.and  privations,  particularly  so  after  being  forced  to  return  to  the  ranch,  as  the 
place  had  not  been  under  cultivation  for  some  years  and  we  had  no  money  with 
which  to  purchase  farming  implements  of  any  consequence,  depending  entirely 
iipon  such  work  as  could  be  done  by  hand  in  the  way  of  raising  garden  stuff. 
We  had  no  horses,  nothing,  in  fact,  in  the  livestock  line  but  one  cow.  Fresh 

Page    15 


meat  was  an  unknown  quantity  to  the  Puter  family  during  those  days,  except 
at  such  times  as  I  might  trap  a  quail  or  snare  a  cottontail  rabbit,  of  which  there 
was  plenty  to  be  found. 

I  had  the  good  fortune,  shortly  after  we  returned  to  the  farm,  to  kill  a  fine 
buck  elk,  that  probably  weighed  upwards  of  700  pounds.  It  had  frequently 
shown  himself  at  the  edge  of  the  timber,  near  the  prairie  where  we  lived  and 
within  a  quarter  of  a  mile  from  our  shack.  Our  sole  firearm  consisted  of  an 
old  Springfield  musket,  of  the  pattern  used  during  the  rebellion,  and  as  I  was 
only  nine  years  old,  my  mother  hesitated  to  allow  me  to  try  my  luck,  fearing  that. 
should  I  only  wound  the  big  buck,  he  might  turn  and  kill  me.  It  was  just  at  a 
time,  however,  when  the  smaller  game  had  not  beer,  particularly  plentiful  and  w:e 
felt  that  we  must  secure  that  meat — at  least,  that  was  my  way  of  viewing  the 
matter.  Besides,  I  wanted  to  show  the  folks  that  I  wasn't  quite  such  a  boy  as 
they  imagined,  and  the  killing  of  that  elk,  in  my  mind,  would  place  me  on  a  par 
with  the  position  I  sought  to  occupy  in  my  father's  absence — that  of  being  looked 
upon  as  "the  man  of  the  house."  As  his  elkship  was  even  now  in  sight,  I  pleaded 
so  hard  and  convincingly  regarding  my  ability  to  bring  him  down  at  first  shot, 
that  mother  finally  consented  to  my  shouldering  the  old  musket,  and  I  was  off. 

Taking  a  circuitous  route,  I  emerged  from  the  timber  in  the  rear  of  the 
point  where  I  had  last  noticed  the  elk  feeding,  and  crawled  through  the  grass 
and  weeds  to  within  fifty  paces  of  wrhere  he  was  standing,  and  where  there 
was  a  mound  of  earth  on  which  to  rest  the  musket.  No  doubt  it  was  placed 
there  through  providential  kindness,  as  my  arm  was  too  short  to  reach  around 
the  stock  of  the  gun  and  pull  the  trigger  with  my  finger,  so  it  became  necessary 
for  me  to  find  a  rest  for  the  heavy  musket  before  I  could  proceed  writh  the  work 
of  execution.  Having  placed  my  gun  in  position,  I  took  aim  and  fired,  the  ball 
striking  the  animal  in  the  shoulder  and  killing  him  instantly.  I  did  not  move  from 
my  position  until  the  smoke  had  commenced  to  clear  away,  and  not  observing 
the  elk,  I  rushed  to  the  spot  where  he  was  last  standing,  where  I  found  him 
kicking  on  the  ground  and  noted,  happily,  that  my  work  had  been  complete. 

My  mother  and  sisters,  who  had  been  anxiously  awaiting  developments, 
and  watching  the  elk  from  the  shack,  could  see  him  fall  at  the  crack  of  the  gun, 
and,  needless  to  state,  they  lost  no  time  in  coming  to  where  I  was  standing, 
alongside  that  vanquished  "king  of  the  forest." 

The  excitement  and  joy  that  took  possession  of  the  Puter  family  for  the 
time  being  was  without  limit.  We  all  knew,  of  course,  that  there  was  meat 
enough  in  sight  for  many  months  to  come,  and  incidentally,  it  might  be  said, 
mother  patted  her  boy  and  complimented  him  for  his  prowess,  for  now,  indeed, 
he  was  a  real  man.  The  question  then  arose  as  to  how  we  should  get  our  prize 
to  the  shack,  so  we  decided  to  quarter  him  first,  but  found,  because  of  the  great 
weight,  that  the  combined  strength  of  the  entire  family  was  not  sufficient  to  drag 
a  single  quarter,  say  nothing  about  lifting  it ;  so  we  were  obliged  to  cut  the  meat 
up  into  smaller  pieces,  after  which  our  nearest  neighbor,  who  lived  four  miles 
distant,  was  notified  of  our  good  fortune,  and  he  proceeded  to  Arcata  for 
sufficient  salt  to  cure  the  meat. 

My  first  experience  with  the  public  domain  occurred  during  the  summer  of 
1875,  at  which  time  I  was  engaged  as  an  axman  by  Deputy  United  States  Surveyor 
Forman,  who  had  a  contract  to  subdivide  several  townships  of  timber  land  in  the 
vicinity  of  our  Humboldt  county  ranch.  I  became  so  proficient  in  my  duties 
that  after  blazing  the  lines  and  marking  the  witness  trees  for  a  few  months,  I 
was  placed  in  charge  of  a  crew  and  manipulated  the  compass. 

As  soon  as  the  survey  of  the  township  had  been  approved  by  the  United 
States  Surveyor-General,  there  was  a  rush  for  timber  claims.  By  reason  of  my 
field  work  on  the  survey,  I  gained  a  knowledge  of  all  the  desirable  claims  in  the 
tract,  and  located  a  number  of  applicants,  charging  them  $25  each,  at  the  same  time 
taking  a  contract  to  build  them  a  cabin  on  their  claims  for  $25  additional.  The 
cabins  so  constructed  consisted  of  a  shack  made  out  of  shakes  or  split  boards, 

Page    16 


from  the  timber  on  the  claim,  the  size  of  each  cabin  being  12  by  16  feet  and  7  feet 
high,  one  window,  board  floor  and  wooden  fireplace.  There  were  no  other  signs 
of  habitation  or  cultivation  whatsoever,  the  building  of  the  cabin  being  the  only 
improvement  made  on  a  pre-emption  or  homestead  claim  in  those  days.  The 
entrymen  hardly  ever  slept  over  night  there,  although  they  made  final  proof 
within  eight  or  ten  months  from  the  date  of  filing,  wherein  they  alleged  a  con- 
tinuous residence. 

Soon  after  proof  was  made,  I  negotiated  the  sale  of  this  tract  to  a  Eureka 
capitalist  for  sums  ranging  from  $800  to  $1200  per  claim.  Later,  the  purchaser 
sold  to  the  California  Redwood  Company  for  $25  per  acre.  The  latter  corpora- 
tion transferred  the  tract  to  the  Humboldt  Mill  &  Lumber  Company,  which 
erected  sawmills  and  commenced  the  manufacture  of  the  timber  into  merchant- 
able lumber.  At  the  present  time,  the  timber  on  these  lands  possesses  an  intrinsic 
value  of  from  $200  to  $300  per  acre. 

I  gradually  learned  the  business  from  the  felling  of  a  tree  down  to  the 
rolling  of  a  log  from  the  landing  into  the  mill  pond.  I  worked  in  the  redwoods, 
logging  for  some  ten  or  twelve  years,  part  of  which  time  I  engaged  my  services 
to  others,  while  for  several  years  I  contracted  on  my  own  account  and  personally 
drove  a  twelve-horse  team,  hauling  logs  on  a  skid  road  to  the  landings. 

The  first  big  fraud  under  the  Timber  and  Stone  Act  of  June  3,  1878,  that 
ever  occurred  on  the  Pacific  Coast,  was  consummated  in  Humboldt  County, 
California,  during  1882-3.  In  1876,  Mr.  Forman,  the  Deputy  United  States 
Surveyor  for  whom  I  had  formerly  worked,  took  a  contract  to  survey  a  number 
of  townships  covered  with  a  dense  body  of  redwood  timber  in  the  northern  part 
of  Humboldt  County.  As  soon  as  the  land  was  surveyed  and  thrown  open  to 
entry,  the  California  Redwood  Company,  with  offices  in  Eureka,  began  to  hire 
men  to  file  on  the  entire  tract  under  the  Timber  and  Stone  Act  referred  to.  At 
that  time,  the  persons  desiring  to  avail  themselves  of  its  provisions,  were  not  re- 
quired to  make  a  personal  examination  of  the  portions  they  wished  to  file  on,  nor 
were  they  obliged  to  go  to  the  land  office  to  make  final  proof.  All  that  was 

Page    17 


necessary  in  this  connection  was  for  the  entryman  to  appear  at  the  land  office 
at  the  time  of  making  the  filing,  exhibit  his  first  papers  to  show  that  he  was 
either  a  citizen  of  the  United  States,  or  had  declared  his  intention  to  become 
such,  or.  in  the  case  of  his  being  a  bona-fide  citizen,  to  make  oath  to  that  effect, 
and  his  entry  would  be  allowed.  This  law  has  since  been  amended,  so  as  to 
necessitate  the  personal  appearance  of  the  entryman  at  the  land  office,  both  at 
the  time  of  filing  and  when  making  final  proof. 

Under  these  conditions,  the  company  was  enabled  to  run  men  into  the 
land  office  by  the  hundreds.  I  have  known  agents  of  the  company  to  take  at  one 
time  as  many  as  twenty-five  men  from  "Coffee  Jack's"  sailor  boarding  house  in 
Eureka  to  the  county  court  house,  where  they  would  take  out  their  first  papers, 
declare  their  intention  to  become  citizens  of  the  United  States,  after  which  they 
would  proceed  direct  to  the  land  office  and  make  their  filings,  all  the  location 
papers  having  previously  been  made  out.  Then  they  would  appear  before  Fred 
\V.  Bell,  a  notary  public,  and  execute  an  acknowledgement  of  a  blank  deed, 
receive  the  stipulated  price  of  S50.  and  return  to  their  ships,  or  to  the  boarding 
house  from  whence  they  came.  The  description  of  the  tract  filed  on  was  after- 
wards inserted  and  the  transfer  of  title  completed  to  the  corporation.  As  fast 
as  this  land  came  into  the  market,  the  company  gobbled  it  all  up  in  this  fashion, 
and  as  soon  as  the  whole  tract  had  been  secured,  they  sent  their  representative. 
Edward  Everdeen,  who  was  then  connected  with  the  Humboldt  County  Bank.  t» 
England,  where  a  sale  of  the  entire  body  of  land  embraced  in  a  number  of  differ- 
ent townships,  was  consummated  to  a  Scotch  syndicate. 

Pending  the  transfer  to  the  Scottish  syndicate,  the  California  Redwood 
Company  was  pulling  out  the  patents  to  the  different  claims  pretty  fast,  and  at 
a  cost  of  $25  each.  Concluding  that  they  could  get  the  patents  more  quickly 
and  at  a  cheaper  figure,  by  sending  their  own  attorney  to  Washington,  D.  C., 
they  adopted  this  course,  but  it  proved  disastrous,  as  the  General  Land  Office 
evidently  became  cognizant  of  the  fact  that  there  was  an  abnormal  rush  for  the 
issuance  of  patents,  and  it  excited  their  suspicions  that  a  fraud  was  being  perpe- 
trated. In  consequence,  all  the  unpatented  claims  were  suspended  by  order  of 
the  Commissioner  of  the  General  Land  Office,  and  special  agents  sent  out  to 
investigate  and  report  on  the  status  of  the  entries. 

The  first  agent  that  put  in  an  appearance  was  soon  picked  up  by  the 
company  at  Eureka.  His  report  to  the  Commissioner  did  not  indicate  that  any 
frauds  were  being  committed,  and  other  agents  that  followed  him  told  the  same 
story,  because  they,  too,  had  been  bought  off.  Special  Agent  B.  F.  Bergin.  the 
fourth  one  sent  out.  was  made  of  the  right  kind  of  stuff,  and  could  not  be  pur- 
chased, and  as  a  result  of  his  report  to  the  General  Land  Office,  between  150  and 
200  of  these  entries  were  immediately  suspended  and  were  later  cancelled  alto- 
gether, involving  the  forfeiture  of  all  moneys  paid  thereon,  including  the  pur- 
chase price  of  $400  per  claim,  together  with  all  land  office  fees.  The  $50  paid  to 
each  of  the  entrymen,  of  course,  was  also  lost  to  the  company,  and  while  it  was 
considered  that  these  rights  were  purchased  at  a  low  figure,  which  would  have 
been  true  had  the  deal  gone  through,  the  company  was  at  no  small  loss  on  this 
account  alone.  The  expense  of  maintaining  their  agents,  too,  amounted  to  a  large 
sum  of  money,  and  while  I  would  not  care  to  venture  a  guess  at  the  total  amount 
squandered  on  this  venture,  it  can  safely  be  said  that  it  aggregated  a  small 
fortune. 

Many  of  the  company's  principal  agents  were  indicted  by  the  Federal 
grand  jury  because  of  their  connection  with  the  transaction,  and  their  cases  were 
carried  through  the  courts  from  one  administration  to  another  at  an  enormous 
expense.  These  cancelled  entries  were  afterwards  filed  on  by  bona-fide  settlers 
residing  throughout  the  county,  they  making  final  proofs  and  receiving  patents 
to  the  same. 

Having  participated  in  the  survey  of  these  lands,  and  located  a  good  many 
people  thereon,  I  was  familiar  with  the  entire  tract,  from  one  end  to  the  other. 

Page    18 


One  of  the  Kings  of  the  Redwood  Forest 
in  Humboldt  County,  California 


and  well  posted  on  all  of  the  methods  that  the  company  had  employed  in  acquiring 
title  thereto.  It  was  only  three  years  ago.  in  fact,  that  I  went  down  to  Humboldt 
County  with  C.  A.  Smith,  a  millionaire  lumberman  of  Minneapolis,  Minn.,  and 
sold  him  30,000  acres  of  this  same  tract,  which  had  been  cancelled  and  relocated 
by  citizens  of  Humboldt  County.  I  shall  have  occasion  later  to  make  reference 
to  the  Smith  deal. 

After  the  big  frauds  in  Humboldt  timber  lands  had  i>een  exposed,  and 
the  titles  to  the  bogus  entries  suspended,  and  while  the  prosecutions  against 
the  company's  agents  were  still  pending,  the  whole  county  became  seized  with 
a  feeling  of  depression  and  times  were  very  dull  there.  I  continued  to  work  in 
the  logging  camps  until  1888,  when  I  decided  to  seek  fresher  pastures  in  Oregon. 

Upon  my  arrival  in  the  new  field,  I  found  the  land  business  booming, 
every  hotel  in  the  timbered  sections  of  the  state  being  crowded  with  timber  land 
speculators,  cruisers  and  locators.  I  went  into  the  locating  business  the  first  thing 
and  continued  to  do  a  land  office  business  for  two  years.  This  was  in  1889  and 
1890,  and  during  all  this  time,  the  woods  were  fairlv  alive  with  timber  men. 


A  fallen  redwood  giant 

My  earlier  experiences  in  California  enabled  me  to  grasp  conditions  quite 
readily,  and  become  acquainted  with  the  most  desirable  tracts  in  short  order; 
consequently  I  soon  got  into  the  swim.  Moneyed  men  were  here  from  Michigan, 
Wisconsin.  'Minnesota,  and  other  Middle  West  States,  eager  to  make  investments 
and  grasp  the  unlimited  opportunities  offered  of  reaping  big  returns,  and  as  a 
result,  thousands  of  men  were  sent  into  the  forests  of  Tillamook  and  Clatsop 
Counties,  Oregon,  as  well  as  throughout  various  sections  of  Washington,  to  file 
on  timber  claims,  and  in  nearly  every  instance,  the  entrymen  had  contracted  in 
advance  to  transfer  their  titles  to  some  lumber  company,  or  syndicate  of  Eastern 
capitalists. 

The  Timber  and  Stone  Act  of  June  3,  1878.  was  the  favorite  method  of 
acquiring  title  at  that  time,  as  the  Forest  Reserve  Lieu  Land  Act  of  June  4, 
1897,  (commonly  known  as  the  "scripper  law,")  had  not  then  gone  into  effect, 

Pace   20 


and  titles  could  be  rushed  through  much  quicker  than  by  the  pre-emption  or 
homestead  laws.  Some  state  lieu  land  selections  were  made,  but  this  form  of 
"scrip,"  so  called,  was  too  scarce  to  be  available  for  the  purchase  of  large  bodies 
of  timber. 

In  the  meantime,  the  timber  lands  continued  to  be  turned  over  to  the 
different  lumber  concerns,  and  the  various  land  offices  throughout  Oregon  had 
more  business  than  they  could  conveniently  attend  to.  As  a  matter  of  fact,  the 
Oregon  City  Land  Office  was  obliged  to  suspend  business  for  several  weeks,  in 
order  to  catch  up  with  the  accumulated  work,  the  timber  filings  were  coming  in 
so  fast. 

The  increasing  demand  for  patents  at  this  office  also  aroused  the  suspicion 
of  the  officials  at  Washington,  and  special  agents  were  sent  into  the  field  for  the 
purpose  of  making  investigations,  which  action  had  the  effect  of  suspending  a 
great  many  patents,  as  well  as  the  holding  for  cancellation  of  a  large  number 
of  entries.  There  was  considerable  talk  of  indictments  by  the  Federal  grand 
jury,  and  it  had  a  tendency  to  make  the  land  business  unpopular  for  the  time 
being,  the  land  grabbers  having  about  all  they  could  do  to  keep  out  of  jail,  as 
well  as  to  preserve  their  titles.  However,  in  spite  of  all  the  storm  of  indignation 
that  seemed  to  have  pervaded  the  Governmental  atmosphere,  there  were  compar- 
atively few  actual  cancellations,  the  special  agents,  as  usual,  standing  in  with 
the  land  grabbers. 

Out  of  all  the  howl  about  frauds  in  those  days,  there  were  but  two  con- 
victions, Stone  of  Seattle,  and  Diamond  of  Portland,  both  of  whom  were  locators 
— the  former  for  subornation  of  perjury,  and  the  latter  for  conspiracy.  They 
represented  the  sole  production  of  gems  from  the  Government's  operations, 
among  the  various  gigantic  mines  of  iniquity  existing  in  those  days.  Allowing 
for  the  immense  harvest  which  had  been  gathered  in  by  these  two  men,  and  the 
moderate  sentences  imposed,  their  incarceration  in  the  Government  penitentiary 
was  referred  to  as  a  trifling  matter,  for  whatever  the  price  they  may  have  paid  in 
the  way  of  humiliation  and  lost  time,  as  against  the  hoards  they  had  amassed 
and  deposited  for  their  future  comfort,  it  was  often  said  of  them  that  they  had 
bargained  well. 

Thousands  upon  thousands  of  acres,  which  included  the  very  cream  of 
the  timber  claims  in  Oregon  and  Washington,  were  secured  by  Eastern  lumber- 
men and  capitalists,  the  majority  of  whom  came  from  Wisconsin,  Michigan 
and  Minnesota,  and  nearly  all  of  these  claims,  to  my  certain  knowledge,  were 
fraudulently  obtained. 

As  to  the  special  agents  sent  out  by  the  Government,  they  were  picked 
up,  each  in  turn,  as  they  appeared  upon  the  scene,  and  with  the  capitalists  and 
locators  standing  hand  in  hand,  it  was  an  easy  matter,  with  the  aid  of  these 
agents,  to  baffle  the  Government  in  its  attempt  to  secure  evidence. 


Desert  Auto- 
mobiles 


Page    21 


Chapter  II 


Stephen  A.  Douglas  Putcr  meets  Franklin  Pierce  Mays,  and  the  pair  form  a 
mutual  admiration  society,  which  ripens  into  a  business  relationship  of 
many  years'  standing.  He  also  comes  in  contact  with  IVillard  -V.  Jones, 
and  subsequent  events  indicate  that  there  was  all  kinds  of  pleasure  and 
profit  in  the  association  of  the  Triunnnrate.  Describes  some  of  their 
crooked  transactions  in  connection  with  the  public  domain,  and  also  tells 
how  Ex-Surveyor-General  Meldrum  refused  to  be  buncoed.  Operations 
of  Puter  and  Jones  result  in  a  criminal  proceeding  of  a  "hold-up"  char- 
acter, and  marks  the  Land-Fraud  King's  first  appearance  as  a  defendant. 

DURING  the  Fall  of  1890.  Franklin  Pierce  Mays  was  United  States  Attorney 
for  the  district  of  Oregon.  I  first  met  him  at  the  U.  S.  Surveyor-General's 

office,  which  was  then  located  in  the  present  postoffice  building  and  on  the 
floor  above  Mr.  Mays'  office.  As  I  was  frequently  in  the  Surveyor-General's 
office  examining  the  field  notes  of  different  townships,  and  was  brought  into 
contact  there  with  Mr.  Mays  on  numerous  occasions,  he  was  acquainted,  of 
course,  with  the  nature  of  my  business,  and  he  came  to  me  personally  with  the 
expressed  desire  of  making  my  acquaintance.  I  was  glad,  indeed,  for  the  oppor- 
tunity, as  I  had  learned  previously  that  Mr.  Mays  was  somewhat  of  a  land 
speculator  himself,  and  being  United  States  District  Attorney,  I  considered  him 
a  good  man  to  stand  in  with. 

Mays  said  he  had  learned  of  my  being  in  the  timber  land  business,  and 
after  we  had  discussed  the  situation  for  some  time  in  a  general  way,  he  expressed 
a  desire  to  get  hold  of  some  first-class  timber  land.  I  promised  to  keep  him  in 
mind,  and  offered  to  advise  him  of  the  first  good  chance.  Shortly  after  this  I 
secured  some  fine  timber  lands  in  Lane  County,  Oregon,  for  him,  and  also  located 
him  on  an  extra  good  school  section  in  Tillamook  County,  Oregon,  being  Section 
36,  Township  3  North,  Range  7  \Ye>t.  Mays  then  wanted  to  introduce  me  to  a  man 
by  the  name  of  Savery,  stating  that  he  was  a  special  agent  of  the  General  Land 
Office,  was  stationed  at  the  Oregon  City  Land  Office,  and  had  full  charge  of 
the  Government  lands  within  the  confines  of  that  district.  He  suggested  to  me 
that  Mr.  Savery  would  be  the  right  kind  of  a  man  to  stand  in  with,  and  that  I  had 
better  locate  him  on  some  good  timbered  school  section.  As  in  the  case  of  meet- 
ing Mr.  Mays.  I  was  glad  to  learn  of  this  opportunity  to  make  a  new  friend, 
more  particularly  on  account  of  the  gentleman's  position  and  the  influence  he 
might  wield  in  my  behalf,  and  I  was  frank  to  inform  Mr.  Mays  that  the  pleasure 
would  be  all  mine,  and  that  I  would  gladly  meet  his  friend  at  their  convenience. 
Some  time  later  when  calling  on  Mr.  Mays  in  his  office,  he  introduced  me  to 
Special  Agent  R.  G.  Savery.  Jr..  and  I  located  him  on  just  such  land  as  he  was 
desirous  of  securing. 

From  my  first  acquaintance  with  Mr.  Mays  and  up  to  the  time  of  my 
conviction,  I  consulted  him  in  regard  to  a  large  majority  of  the  deals  in  which  I 
was  interested,  in  man}-  of  which  he  became  identified  with  me,  both  in  State 
and  Government  lands,  besides  acting  as  my  attorney  from  the  beginning. 

During  the  Summer  of  1891,  my  first  acquaintance  with  Willard  N.  Jones 
began.  Our  initial  meeting  was  also  in  the  United  States  Surveyor-General's 
office  in  Portland,  which  seemed  to  have  been  fated  as  the  trysting  place  of  men 
who  have  since  assisted  in  making  land  fraud  history  in  Oregon.  Jones  was 
then  a  civil  engineer  by  occupation,  and  his  business  brought  him  frequently  to 
the  Surveyor-General's  office.  He  learned  that  I  was  in  the  timber  business. 

Page  22 


and  shortly  after  our  first  acquaintance,  wanted  to  go  in  with  me  on  some  sort  of 
timber  land  deal.  He  represented  that  he  knew  a  number  of  lumbermen  residing 
in  the  States  of  Minnesota,  Wisconsin,  Michigan  and  Pennsylvania,  who  would 
be  willing  to  invest  in  a  tract  of  good  timber  on  the  Pacific  Coast.  At  that  time, 
nearly  all  the  best  surveyed  timber  lands  had  been  bought  up,  so  we  concluded 
that  the  most  feasible  plan  would  be  for  us  to  find  something  in  the  line  of 
unsurveyed  lands  that  would  meet  the  requirements,  get  it  surveyed,  locate  a 
lot  of  men  on  it,  furnish  them  the  money  with  which  to  make  final  proof,  and 
obtain  title  in  that  way,  under  the  Timber  and  Stone  Act  of  June  3,  1878. 

The  tract  we  selected  was  in  Township  3  North,  Range  7  and  8  West,  on 
the  Nehalem  River,  in  Tillamook  County,  Oregon,  one  of  the  finest  bodies  of 
yellow  fir  timber  in  the  whole  State.  After  cruising  the  tract  to  ascertain  how 
many  quarter  sections  could  be  obtained  in  one  body,  we  came  to  Portland. 

Jones  then  went  East  to  consummate  a  deal,  and  soon  returned  with  a 
man  by  the  name  of  Lumbarger.  We  took  him  over  the  tract  10  see  how  he 
liked  it  and  he  was  delighted  with  the  timber  and  entered  into  a  contract  with 
Tones  and  myself,  he  agreeing  to  advance  the  sum  of  $750  a  claim,  or  quarter 
section  of  160  acres,  so  as  to  enable  us  to  procure  titles  to  the  claims,  promising 
to  take  as  many  of  them  as  we  could  get.  We,  in  turn,  agreed  to  deed  to  Mr. 
Lumbarger  as  fast  as  proofs  were  made,  an  undivided  one-half  interest  to  each 
claim  so  purchased. 

The  next  move  was  to  find  people  to  locate  on  the  land,  and  in  short  order 
we  found  all  we  wanted  in  Portland  and  Albina,  a  suburb  of  the  latter  city. 

We  then  proceeded  to  enter  into  a  contract  with  each  person,  whereby  we 
agreed  to  locate  them  on  the  land,  we  to  pay  all  expenses  in  the  way  of  railroad 
fares  in  going  to  and  from  the  land,  besides  the  land  office  fees,  and  to  advance 
the  money  to  pay  the  Government  at  the  time  of  final  proof.  In  return,  the 
entrymen  agreed  to  deed  the  land  to  Jones  and  myself,  as  soon  as  final  proof 
was  made,  for  the  sum  of  $750  a  claim,  all  costs  and  expenses  in  procuring  the 
titles  to  be  deducted  therefrom,  and  the  balance  to  be  paid  to  each  one  upon 
receipt  of  his  deed. 

The  understanding  was  that  each  person  was  to  file  on  two  claims ;  one 
under  the  Timber  and  Stone  Act  of  June  3,  1878,  and  the  other  under  the  Home- 
stead law,  the  latter  to  be  commuted  to  a  cash  entry  after  6  months'  residence. 
The  cost  of  each  claim  was  about  as  follows: 

COST  OF   HOMESTEAD   ENTRIES: 

Building  cabin       .-  $  10.00 

Filing  fee,  advertising  and  final  proof  at  Land  Office  25.00 

Government  price  of  land  200.00 


Total  $235.00 

This  amount,  deducted  from  $750,  left  a  balance  of  $515,  which  was  to 
be  paid  to  the  entryman  upon  receipt  of  a  deed  to  his  homestead. 

COST   OF   CLAIM   UNDER  TIMBER   AND   STONE   ACT. 

Filing  fee.  advertising  and  final  proof  at  Land  Office     $  30.00 
Government  price  400.00 


Total  $430.00 

This  left  a  balance  of  $320  to  be  paid  to  the  entryman  upon  receipt  of 
a  deed  to  his  claim  under  the  Timber  and  Stone  Act. 

After  having  a  fair  understanding  with  all  of  the  men,  contracts  were 
drawn  up  and  each  one  signed  them,  Jones  and  myself  retaining  the  documents. 
In  all,  forty. persons  were  contracted  with  in  this  way,  each  to  take  two  claims 
as  indicated,  making  eighty  claims  in  all,  or  a  total  of  12,800  acres. 

The  next  move  was  to  locate  the  people  on  the  land.     Two  trips  were 
necessary  in  doing  this,  twenty  persons  being  taken  at  a  time.     The  land  had 

Page    23 


previously  been  surveyed,  but  not  accepted,  so  there  was  no  trouble  in  locating 
each  party  on  the  particular  tract  previously  contracted  to  file  on.  The  location 
consisted  in  laying  the  foundation  for  a  cabin ;  four  poles  in  the  form  of  a  square, 
and  a  notice  posted  on  a  tree.  At  the  same  time,  each  person  made  an  examina- 
tion of  the  quarter  section  he  was  to  file  on  under  the  Timber  and  Stone  Act. 

The  next  proceeding  was  to  build  the  cabins  on  the  different  quarter 
sections,  calculated  to  be  filed  on  under  the  Homestead  Act.  \Ye  hired  two 
Swedes  at  $1.50  per  day,  each,  and  furnished  them  with  a  tent,  provisions  and 
tools,  and  set  them  to  work  constructing  the  shacks,  or  cabins,  after  which  we 


ra 


initiated  efforts  in  the  direction  of  having  the  survey  of  the  township  approved 
by  the  government. 

The  facts  in  regard  to  the  survey  of  this  tract  of  timber  land  are  as 
follows:  Henry  Meldrum,  a  United  States  Deputy  Surveyor,  who  was  later 
appointed  Surveyor-General  of  the  State  of  Oregon,  but  afterwards  removed 
from  office  and  convicted  for  his  complicity  in  making  fraudulent  surveys,  had 
surveyed  this  tract  in  1889.  under  contract  from  the  Government.  Meldrum 

Page    24 


completed  his  part  of  the  contract,  but  the  Commissioner  of  the  General  Land 
Office  suspended  the  survey  for  the  reason  that  sufficient  funds  had  not  been 
appropriated  to  cover  all  contracts  of  this  character.  Mr.  Meldrum's  contract, 
however,  was  approved  in  1891,  and  sufficient  fuads  appropriated  for  the  purpose, 
so  it  became  necessary  for  him  to  re-survey  the  land. 

While  Meldrum  was  engaged  in  doing  this,  Jones  and  myself  met  him  on 
the  land  on  several  different  occasions,  and  we  entered  into  a  contract  with  him, 
whereby  we  agreed  to  pay  him  $5  each  for  inserting  in  the  field  notes  of  the 
survey  and  on  the  plats,  the  names  of  all  the  homesteaders  located  on  the  land 
by  us,  Jones  and  I  agreeing  to  furnish  the  names  of  the  claimants,  and  the 
description  of  the  land  each  one  was  to  file  on. 

Mr.  Meldrum  complied  with  his  part  of  the  contract,  and  inserted  all  of 
the  names  that  we  gave  him  in  the  field  notes  of  the  survey,  as  well  as  on  the 
official  plat  of  each  township.  Our  reasons  for  wanting  these  names  inserted  in 
the  field  notes  and  on  the  plats,  was  in  order  to  keep  other  locators  from  rushing 
in  and  settling  on  the  land  after  the  acceptance  of  the  survey;  actual  settlers  in 
a  township  having  a  preference  right  for  ninety  days  after  an  official  survey  has 
been  made,  and  the  plats  thereof  filed  in  the  local  land  office.  We  also  wanted 
to  make  it  appear  that  our  homesteaders  were  bona-fide  settlers,  and  were 
living  on  the  land  prior  to  survey. 

Now,  as  we  had  the  cabins  all  built,  and  notice  was  posted  on  the  land 
showing  the  name  of  the  claimant,  and  describing  the  particular  quarter  section 
that  he  claimed,  and  his  name  appearing  in  the  field  notes,  it  was  not  at  all  likely 
that  any  one  would  squat  on  the  claims :  so  it  only  remained  for  us  to  wait  until 
the  survey  was  approved  by  the  United  States  Surveyor-General  and  the  township 
thrown  open  to  entry. 

While  waiting  for  the  land  to  come  into  market,  which  would  not  be  until 
November,  1892,  Jones  and  I  concluded  to  make  an  abstract  of  the  State  school 
land  for  the  purpose  of  ascertaining  how  much,  if  any,  indemnity  lands  the  State 
of  Oregon  was  entitled  to.  This  required  about  two  months'  work  in  the  State 
Land  Office  at  Salem.  We  found  several  thousand  acres  still  subject  to  use  as 
lieu  by  the  State,  and  this  base  we  sold  at  the  rate  of  $2.50  per  acre,  which,  after 
paying  the  State  price  of  $1.25  an  acre  for  the  land  embraced  in  the  selection, 
netted  us  $1.25  per  acre  profit. 

The  rule  of  the  State  Land  Board  at  that  time  was  that  any  person  who 
should  indicate  to  the  Clerk  of  the  School  Land  Board  where  there  was  any 
indemnity  land  that  the  State  was  yet  entitled  to,  would  be  allowed  to  select  the 
same  amount  of  Government  land  within  the  State  that  was  vacant.  Under 
those  conditions,  Jones  and  I  were  doing  a  land  office  business  in  State  indemnity 
lands,  until  trouble  arose  between  us,  and  we  dissolved  partnership. 

This  was  in  the  Fall  of  1892,  and  the  cause  of  dissolution  of  partnership 
arose  from  the  fact  that  Jones  made  a  proposition  to  take  Geo.  W.  Davis,  Clerk 
of  the  State  Land  Board  at  Salem,  in  with  us  on  all  State  Land  business  that  we 
put  through  the  State  Land  Office,  the  idea  being,  that  by  so  doing  we  could 
monopolize  all  of  the  State  indemnity  lands,  and  shut  E.  P.  McCornack,  Jack 
D'Arcy,  and  W.  T.  Rader  out  of  all  the  indemnity  business,  especially  E.  P. 
McCornack,  he  being  the  principal  operator.  These  three,  aside  from  Jones  and 
myself,  were  the  only  dealers  in  State  indemnity  lands  at  that  time  in  the  State 
of  Oregon. 

Jones'  proposition  was  to  pay  Davis  fifty  cents  per  acre  for  all  the  indem- 
nity lands  put  through.  This  I  objected  to,  as  Davis  was  working  with  us  then, 
and  doing  everything  we  required  for  less  than  half  that  amount,  and  as  the 
profits  were  only  $1.25  an  acre,  fifty  cents  was  too  much  to  pay  him.  Besides,  I 
did  not  think  we  could  shut  E.  P.  McCornack  out,  as  he  was  too  big  a  fish,  and 
too  old  at  the  game. 

Jones,  however,  did  not  view  the  matter  in  the  same  light,  and  insisted 
that  Davis  must  have  fifty  cents  per  acre  on  all  indemnity  lands,  and  claimed  to 

Page     25 


"Old  Pard"  Mays 


have  already  made  an  agreement  with  him  to  that  effect.  I  was  still  confident, 
notwithstanding  this  fact,  that  McCornack  could  not  be  hindered  materially  in 
his  operations,  and  as  Jones  suggested  that,  rather  than  jeopardize  his  own 
interests  he  would  prefer  to  go  it  alone,  I  agreed  that  it  would  be  the  better  plan, 
and  our  partnership  dissolution  was  the  result. 

This  break  in  our  business  relations,  however,  was  not  supposed  to  affect 
the  understanding  between  us  in  regard  to  the  forty  persons  located  on  eighty 
claims  in  Township  3  North,  Ranges  7  and  8  West,  in  which  deal  we  were  equally 
interested. 

Previous  to  this  I  had  met  F.  Pierce  Mays  at  different  times  and  he  never 
lost  an  opportunity  of  bringing  up  the  "3-7"  deal,  and  would  invariably  caution 
me  to  be  careful,  stating  that  he  would  very  much  dislike  to  be  forced  to  prosecute 
me,  on  account  of  the  fair  manner  in  which  I  had  treated  him  in  securing  certain 
lands  for  him  throughout  the  State,  as  well  as  school  section  36  in  Township  3 
North,  Range  7  West.  Mays  told  me  on  one  occasion  that  there  was  a  special 
agent  sent  out  by  the  General  Land  Office  to  investigate  the  "3-7"  deal  in  which 
Jones  and  myself  were  interested,  and  that  he  was  onto  our  scheme,  and  further, 
that  this  agent  would  be  at  the  Oregon  City  Land  Office  to  bag  those  forty  home- 
stead and  timber  entrymen  as  soon  as  they  made  their  filings. 

I  told  Mays  at  this  time  that  Jones  and  I  had  no  deal  on  of  a  fraudulent 
character,  whereupon  he  informed  me  that  he  knew  better;  that  we  already  had 
contracts  signed  by  forty  people  and  that  these  contracts  had  been  placed  in  a 
vault  in  East  Portland  for  safe  keeping.  Mays  likewise  volunteered  the  informa- 
tion that  he  was  familiar  with  the  contents  of  the  contracts. 

How  Mays  should  know  of  the  existence  of  these  contracts,  and  more 
particularly,  how  he  should  be  apprised  of  their  nature,  and  of  their  place  of 
keeping,  was  somewhat  of  a  mystery  to  me,  but  as  I  was  not  much  given  to  talk- 
ing about  my  business,  or  making  admissions,  I  let  the  subject  drop  without 
comment. 

It  was  sometime  after  the  dissolution  of  partnership  between  Jones  and 
myself,  that  I  met  the  latter  on  the  street,  and  the  subject  of  the  "3-7"  deal  came 
up  for  discussion.  Jones  acted  strangely  and  seemed  averse  to  going  ahead  with 
it,  declaring  that  he  had  been  advised  by  Mr.  Mays  that  we  would  both  be  up 
against  it  if  we  made  any  further  attempt  to  proceed  in  the  matter,  and  further, 
that  he  had  learned  Mr.  Lumbarger,  our  financial  backer,  was  not  disposed  to 
consider  the  proposition,  and  would  probably  attempt  to  break  his  contract 
with  us.  Jones  said  I  might  go  ahead  with  the  deal  personally,  if  I  felt  so  in- 
clined, but  expressed  himself  as  not  willing  to  take  any  hand  in  the  transaction. 

That  settled  this  deal  so  far  as  I  was  concerned,  as  I  was  left  without  a 
financial  backer,  and  besides,  the  time  was  drawing  near  for  the  land  to  be 
thrown  open  to  entry. 

As  the  survey  of  the  township  had  been  accepted  and  approved  and  was 
advertised  to  be  thrown  open  to  entry  on  November  11,  1892,  the  Special  Agent 
was  at  the  Oregon  City  Land  Office  bright  and  early,  waiting  to  bag  the  forty 
homesteaders  as  soon  as  they  filed.  When  the  land  office  opened  at  9  o'clock  and 
none  of  the  supposed  entrymen  put  in  appearance,  much  to  the  surprise  and 
chagrin  of  the  Special  Agent,  he  inquired  of  Register  J.  T.  Apperson,  how  it  was 
that  these  parties,  whose  names  were  on  the  maps  as  bona-fide  settlers,-  had  failed 
to  appear  and  file  on  their  land. 

The  Register  replied  that  he  had  that  morning  received  through  the  mail, 
an  indemnity  selection  list  from  the  Clerk  of  the  State  Land  Board  at  Salem, 
selecting  the  entire  tract  as  State  indemnity  school  lands,  so  all  that  the  special 
agent  could  do  under  the  circumstances  was  to  pack  his  grip  and  hike  back  to 
Washington. 

As  I  had  been  watching  the  result  of  the  Special  Agent's  operations  at 
Oregon  City  in  order  to  learn  how  matters  terminated,  I  discovered  immedi- 
ately that  the  State  had  filed  indemnity  selection  covering  the  entire  tract  of 

Page  27 


eighty  quarter  sections,  so  I  lost  no  time  in  going  to  Salem  to  ascertain  in  whose 
interests  the  selection  had  been  made,  and  was  much  surprised,  on  examining  the 
records,  to  find  that  my  old  friend  Jones  had  gobbled  up  the  land. 

It  occurred  to  me  that  Jones  had  evidently  found  a  much  better  and  cheap- 
er method  of  getting  those  eighty  quarter  sections  than  to  run  chances  of 
attempting  to  obtain  title  by  filing  the  forty  people  under  the  Timber  and  Stone 
Act,  and  the  Homestead  law,  as  was  previously  arranged.  'At  that  time  there 
was  a  temporary  withdrawal  of  the  "Crater  Lake"  reserve,  and  I  discovered, 
upon  investigation,  that  Jones  had  filed  applications  for  the  State  indemnity 
embraced  in  said  reserve,  selecting  in  lieu  thereof  the  eighty  quarter  sections 
in  Township  3  North,  Range  7  West. 

Some  weeks  later,  the  Certificates  of  Purchase  were  issued  and  turned 
over  to  Jones.  At  this  stage  of  the  proceedings,  I  called  to  mind  a  certain 
agreement  between  Henry  Meldrum,  Jones  and  myself,  whereby  we  had  prom- 
ised to  pay  Meldrum  S5  each  for  inserting  the  names  of  settlers  on  the  field 
notes  and  plats.  As  Jones  was  soon  to  become  possessed  of  the  claims,  I  thought 
best  to  ascertain  if  Meldrum  had  received  his  money  and  if  not,  to  notify  him 
that  I  had  no  further  interest  in  the  matter  and  that  he  must  look  to  Jones  for 
a  settlement.  This  I  did,  learning  that  settlement  had  not  been  made,  so  I  notified 
Jones  to  meet  Mr.  Meldrum  and  myself  at  the  Perkins  Hotel  in  Portland  that 
evening. 

When  Jones  came  to  the  hotel  the  subject  of  a  settlement  with  Meldrum 
was  broached,  but  he  refused  to  pay  over  the  money,  nor  would  he  agree  to 
become  obligated  in  any  manner  for  the  amount  due,  stating  that  the  old  deal 
had  been  declared  off  and  that  the  lands  were  now  owned  by  Mr.  Mays  anjd  him- 
self. Meldrum  insisted  on  some  kind  of  a  settlement,  stating  that  he  had 
complied  with  his  contract,  and  as  Jones  was  to  get  the  land,  it  was  only  fair 
that  he  should  settle.  Jones  then  told  Meldrum  that  it  was  part  of  the  duties 
of  his  office  to  insert  the  names  of  all  bona-fide  settlers  on  the  field  notes  and 
the  plat  of  the  survey,  and  that,  if  he  attempted  to  make  collection  for  the  work 
involved  in  the  "3-7"  case,  he  would  make  things  warm  for  him.  In  reply  to 
this,  Meldrum  admitted  the  truth  of  Jones'  contention  as  regards  his  duty,  but 
stated  that,  at  the  time  of  inserting  the  names,  he  supposed  that  the  "3-7"  deal 
was  legitimate,  and  he  wondered  at  Jones  and  I  making  him  such  a  proposition. 

However,  he  had  discovered  since  that  the  transaction  on  our  part  was 
not  on  the  square,  so  far  as  trying  to  obtain  title  to  the  land  was  concerned. 
and  that,  under  these  circumstances,  and  because  of  the  fact  that  we  had 
pulled  the  wool  over  his  eyes  and  promised  to  pay  a  stipulated  amount  for 
services  which  he  would  have  performed  anyway,  it  was  his  purpose  to  see 
that  the  bill  was  paid.  As  Jones  was  to  have  the  land,  he  must  pay  the  fiddler, 
and  to  show  that  he  meant  business.  Meldrum  produced  from  his  pocket  a 
telegraph  blank,  and  commenced  to  write.  When  he  had  completed  his  message. 
he  handed  it  to  Jones  and  stated  that  the  same  would  be  forwarded  to  the 
General  Land  Office  at  Washington,  D.  C..  within  ore  hour,  unless  the  amount 
due  was  forthcoming.  The  telegram  read,  in  substance,  as  follow-: 

To  the  Commissioner  of  the  General  Land  Office. 
Washington.  D.  C. 

On  November  11,  1892,  the  Clerk  of  the  School  Board  of  the  State  of  Oregon 
filed  an  indemnity  selection  list  in  the  Oregon  City  Land  Office,  embracing  all  the  tracts 
now  occupied  by  bona-fide  settlers  in  Township  3  North.  Ranges  7  and  8  West.  Willam- 
ette Meridian,  using  as  basis  for  such  selections  the  school  sections  lost  to  the  State  by 
the  temporary  withdrawal  within  the  limits  of  the  "Crater  Lake"  Reserve,  which  is 
not  available  for  that  purpose  as  vet. 

(Signed.)  HENRY  MELDRUM, 

O.  B.  Govt-eolleet.  Deputy  U  S.  Surveyor. 

Upon  reading  the  telegram,  Jones  asked  Meldrum  to  remain  at  the  hotel 
until  his  return,  promising  to  be  back  inside  of  an  hour,  and  hurried  off  to 
find  Mays. 

Page    28 


Willard  N.  Jones,  Puter's  former  pal,  convicted  in  the 

Blue  Mountain  Forest  Reserve  case,  with  Mays  and 

Sorenson,  and  with  Thad  S.  Potter,  in  the 

Siletz  Indian  Reservation  case 


Scarcely  forty  minutes  had  elapsed  when  Jones  returned  and  settled  with 
Meldrum,  well  knowing  that  the  latter  had  it  within  his  power  to  defeat  the 
title  completely  unless  his  terms  were  acceded  to. 

This  being  my  first  intimation  that  Mays  was  interested  with  Jones  in 
these  lands,  I  could  readily  understand  why  the  United  States  Attorney  wa^ 
so  solicitous  of  my  wrelfare  in  advising  that  I  be  careful  and  not  get  myself 
into  trouble,  even  going  so  far  as  to  insist  that  I  would  do  well  to  let  the  dea.' 
drop  altogether.  It  developed  later,  in  fact,  that  Mays  had  connived  with 
Jones  while  the  latter  and  I  were  yet  partners,  to  secure  these  lands  and  to  beat 
me  out  of  all  interest  in  the  deal. 

In  thinking  the  matter  over,  I  concluded  that  I  had  no  just  cause  for 
complaint,  as  it  was  a  "cold  deck"  proposition  throughout.  Jones  and  I  had 
planned  to  beat  the  Government  in  the  first  place.  I  played  my  hand  on  the 
square,  as  between  Jones  and  myself,  but  when  the  third  man  was  introduced  into 
the  game,  he  proved  to  be  too  much  of  a  "sure  thing"  dealer  for  me.  "stacked" 
the  cards  to  suit  himself,  and  won  out. 

The  whole  transaction  reminds  me  of  a  story  told  by  Francis  J.  Heney, 
in  speaking  of  Geo.  Sorenson  and  W.  N.  Jones  (the  same  Jones  with  whom  I 
had  been  in  partnership),  during  the  trial  of  the  Blue  Mountain  Forest  Reserve 
case,  when  he  compared  these  two  persons  to  a  couple  of  gamblers  of  whom 
he  had  heard,  and  one  of  whom,  according  to  the  story,  suggested  to  the  other, 
that  they  call  on  a  certain  gentleman  that  evening,  who  was  fond  of  playing 
cards,  and  have  a  little  social  game  of  "draw,"  and  which  suggestion,  his  friend 
readily  assented  to.  After  the  game  and  while  on  their  way  home,  the  gambler 
who  had  proposed  the  visit,  said  to  the  other : 

"Well,  how  did  you  like  my  friend?" 

"I  think  he  is  a  d — d  rascal,"  was  the  reply. 

"How's  that?"  responded  the  other,  in  astonishment. 

"Because  he  stole  three  jacks  off  my  knee,"  was  the  rejoinder. 

And  so  it  was  in  the  "3-7"  deal.  I  had  taken  occasion  to  hold  out  three 
jacks,  thinking  to  play  them  for  the  benefit  of  Jones  and  myself,  as  against 
anything  that  the  Government  might  be  able  to  show  down,  but  "sure  thing"  Mays 
forced  an  introduction  into  the  play  and  stole  my  three  jacks. 

My  position  in  relation  to  the  "3-7"  deal,  as  in  the  case  of  the  man  from 
whom  the  "three  jacks"  had  been  stolen,  did  not  warrant  me  in  making  a  "roar," 
as  the  saying  is,  but  I  wras  determined,  if  within  the  range  of  possibility,  to  arrange 
some  kind  of  compromise,  or  to  "split  the  pot"  as  it  were.  With  this  object  in 
view,  I  called  on  Jones  and  asked  him,  straight  up,  where  I  got  off  at  on  the  deal. 
Jones  attempted  to  treat  my  claim  much  as  he  did  that  of  Meldrum  on  the  start, 
but  when  I  presented  to  him  the  fact  of  his  living  in  a  glass  house;  that  the 
material  was  extremely  brittle  and  that,  in  all  truth,  it  required  but  the  throwing 
of  a  small  stone  to  destroy  the  entire  structure,  my  friend  Jones  was  given 
something  to  think  about.  He  then  told  me,  as  he  did  Meldrum,  that  Mays  "must 
be  consulted  before  anything  could  be  done,  and  in  this  instance,  as  in  the  former, 
he  showed  up  again  and  when  he  came  was  prepared  to  settle.  This  settlement 
took  place  on  the  following  day,  and  resulted  in  Jones  assigning  over  to  me  the 
certificates  of  purchase  to  a  full  section,  or  640  acres  of  this  same  land,  and  which 
I  accepted  as  full  liquidation  of  my  claim. 

Jones  was  not  out  of  the  woods  on  this  deal,  however,  by  any  means.  It 
was  probably  in  the  neighborhood  of  two  years  after  receiving  the  certificates 
of  purchase,  when  the  forty  men,  who  had  previously  agreed  to  take  up  the  land 
for  us,  got  wind  of  the  fact  that  the  tract  had  been  in  the  market  for  some  time, 
and  had  been  selected  by  the  State  of  Oregon,  and  certificates  issued  and  turned 
over  to  Jones.  When  this  became  known  to  them  they  pooled  their  issues  and 
employed  an  attorney  in  Portland  by  the  name  of  D.  D.  Lynch,  to  investigate  the 
status  of  their  case,  with  the  result  that  after  he  had  gone  to  Salem  and  discov- 

Page    30 


ered  the  situation,  he  induced  the  men  to  swear  out  complaints  against  Jones 
and  myself. 

Jones  was  arrested  forthwith  in  Portland,  and  immediately  wired  me  at 
Salem  to  come  down,  as  he  had  been  taken  into  custody  on  account  of  the 
Township  3  North,  Ranges  7  and  8  West,  deal.  I  proceeded  to  Portland  the 
next  morning,  and  as  soon  as  I  stepped  off  the  train  at  the  East  Side  station,  a 
warrant  of  arrest  was  served  upon  me  by  Patsy  Eccles,  a  deputy  constable,  who 
took  me  before  a  Justice  of  the  Peace,  where  I  found  a  number  of  complaints  on 
file  against  me,  my  bail  being  fixed  at  $500  in  each  case.  However,  Mays  and 
Jones  arranged  for  my  appearance,  in  exactly  what  manner  I  never  learned, 
and  I  was  allowed  to  go  on  my  own  recognizance. 

I  consulted  with  Mr.  Mays  on  the  following  morning  for  the  purpose  of 
learning  what  was  to  be  done,  and  he  advised  me  that,  because  of  the  nature  of 
the  transaction,  as  between  those  forty  locators,  Jones  and  myself,  it  would  be 
best  to  demand  an  immediate  trial  in  the  Justice  Court  and  to  get  the  matter  over 
with  as  speedily  as  possible.  Jones  was  present  in  Mays'  office  when  this  interview 
took -place,  and  agreed  with  him  that  the  case  should  be  settled  immediately,  so 
as  to  avoid  publicity.  Mays  acknowledged  being  interested  with  Jones  in  the 
lands,  but  said  that  he  was  in  no  wise  concerned  in  the  case  at  issue.  He  volun- 
teered, however,  to  lend  his  advice,  and  stated  that,  in  his  opinion,  the  whole 
trouble  could  be  "fixed"  for  a  few  hundred  dollars.  Should  the  Federal  author- 
ities get  wind  of  the  transaction,  Mays  argued,  both  Jones  and  myself  would 
very  probably  be  indicted  and  convicted,  as  it  could  be  proven  that  we  had 
written  contracts  with  each  and  every  one  of  those  forty  men,  and  they  would 
show  that  Jones  and  I  were  to  become  possessed  of  the  claims  after  final  proof 
had  been  made  and  that,  because  of  our  having  actually  taken  the  men  to  the 
lands,  which  was  evidence  of  our  intentions  to  carry  out  our  part  of  the  agree- 
ment, the  charge  of  entering  into  a  conspiracy  to  defraud  the  Government  could 
be  prosecuted  successfully. 

Under  this  showing,  it  occurred  to  me  that  a  money  transaction  would  be 
the  best  and  quickest  way  out  of  the  difficulty,  so  I  told  Mays  that  I  would  put 
up  $250,  provided  he  would  act  as  our  attorney  in  the  case.  Mays  replied  that  he 
did  not  care  to  appear  personally,  in  fact,  he  did  not  want  to  be  known  in  the 
transaction  in  any  way,  preferring  to  remain  in  the  background,  but  stated  that 
he  would  use  his  influence  in  a  quiet  way  to  our  material  advantage.  Mr.  Mays 
then  suggested  that  we  employ  Charles  F.  Lord  to  defend  us,  which  we  did,  the 
case  being  set  for  trial  in  short  order. 

Before  the  case  came  up,  Jones  came  to  me  and  demanded  that  I  contribute 
$500,  instead  of  $250,  the  amount  originally  agreed  upon,  stating  that  it  would 
cost  him  considerably  more  than  that  and  I  should  share  a  larger  portion  of  the 
expense.  This  I  refused  to  do,  as  I  had  no  interest  in  the  lands  and  was  simply 
giving  $250  to  have  the  case  quashed  in  the  Justice  Court,  and  for  the  purpose 
of  keeping  it  from  the  notice  of  the  Federal  authorities. 

On  the  day  set  for  hearing,  both  sides  had  their  witnesses  on  hand  ready 
to  proceed.  The  case,  however,  never  saw  the  light  of  day,  as  Attorney  Lord 
made  some  sort  of  settlement  with  the  counsel  for  the  prosecution,  whereby 
Lynch  was  paid  a  neat  sum  of  money  to  have  the  case  dismissed.  This  fellow 
Lynch  was  one  of  those  pettifogging  lawyers  who  make  a  practice  of  hanging 
around  police  and  Justice  Courts.  The  fact  is,  he  had  no  case  in  the  first  place, 
as  the  suit  had  not  been  brought  in  the  proper  court.  All  he  wanted  was  a 
chance  to  make  a  fee  out  of  the  transaction,  and  this  we  were  only  too  glad  that 
he  should  have,  in  order  to  dispose  of  the  proceedings  and  hush  the  matter  up, 
as  we  believed,  in  all  probability,  the  dismissal  of  this  case  would  close  the 
incident  and  that  no  criminal  charges  would  be  brought  against  us. 

The  actual  cost  of  these  claims  to  Mays  and  Jones,  under  this  transaction, 
did  not  exceed  $205  per  quarter  section  of  160  acres,  and  the  same  lands  were 

Page    31 


sold  during  the  Spring  of  1906  to  Wheeler  &  Cook  of  Pennsylvania  for  $30  per 
acre,  or  $4,800  per  quarter  section. 

The  figure  named  as  the  cost  of  each  claim  to  Mays  and  Jones,  will  appear 
as  exceedingly  low.  but  it  is  nevertheless  correct,  and  I  will  endeavor  to  explain 
my  computation  thereof,  as  follows :  At  the  time  of  procuring  titles  to  the 
claims  in  question,  all  State  lands,  whether  School  or  Indemnity,  were  being 
sold  at  $1.25  per  acre,  and  any  person  over  the  age  of  18  years  and  a  citizen  of 
the  State  of  Oregon,  was  entitled  to  file  on  320  acres  of  State  lands,  it  being 
merely  necessary  for  him  to  appear  before  a  notary  public,  make  application  for 
the  land,  pay  the  State  one-third  of  the  purchase  price,  which  was  $66.66,  and 
receive  a  certificate  of  purchase  therefor,  which  could  be  assigned  to  any  person 
whomsoever,  and  the  assignee,  upon  payment  to  the  School  Land  Board  of  the 
balance  of  the  purchase  price  due  the  State,  would  receive  a  deed  in  his  own  name, 
as  if  he  were  the  original  locator.  Jones  was  therefore  in  a  position  to  gobble 
up  each  half-section  of  320  acres  at  an  actual  cost  of  $410.  $400  of  which  went 
to  pay  the  State,  while  $10  was  given  to  the  original  applicant. 

The  law  at  that  time,  but  which  has  since  been  changed,  permitted  one 
person  to  act  as  attorney  for  any  number  of  applicants,  he  being  allowed  to  file 
the  applications,  pay  to  the  Clerk  of  the  State  School  Land  Board  the  stipulated 
price,  and  receive  the  certificates.  Thus  Jones,  having  obtained  assignments  of 
all  certificates  at  the  time  the  applications  to  purchase  were  made,  as  they  were 
signed  and  acknowledged  and  turned  over  to  him  in  blank,  it  only  became  neces- 
sary for  him  to  fill  in  the  numbers  of  the  certificates,  together  with  the  description 
of  the  lands  and  date  of  ackno wledgement. 

At  the  time  of  the  trial  and  conviction  of  W.  N.  Jones,  F.  Pierce  Mays 
and  Geo.  Sorenson,  it  was  proven  that  Jones  had  been  successful  in  reducing 
the  cost  of  applicants  from  $10  to  $2.50  each,  and  it  has  been  said,  and  is  no 
doubt  true,  that  he  secured  a  number  of  them  for  a  glass  of  beer. 


4.* 


House  made  of  beer  bottles  in  Tonopah 

Nevada.      Ten    thousand  bottles 

incorporated  in  structure 


Page  32 


Chapter  III 


C.  A.  Smith,  a  Minneapolis  Millionaire,  engrosses  the  attention  of  the  Land- 
Fraud  King,  and  their  acquaintance  ripens  into  a  clever  scheme  to  bunco 
Uncle  Sam  out  of  a  vast  tract  of  Oregon  Timber.  The  outivitted  Northern 
Pacific  seeks  revenge  by  having  McKinley  arrested,  and  is  also  Blamed  for 
reporting  the  matter  to  the  Government.  As  a  result  of  subsequent  inves- 
tigations by  the  Land  Department,  several  special  agents  fall  by  the  wayside 
under  the  mystic  spell  of  Fred.  Kribs'  tainted  money,  and  the  effort  to 
acquire  patents  on  the  fraudulent  entries  marks  the  first  step  in  the  down- 
fall of  United  States  Senator  John  H.  Mitchell. 

IN  the  course  of  an  Eastern  trip  during  January,  1900,  I  took  occasion  to  call 
upon  C.  A.  Smith,  a  millionaire  lumberman  of  Minneapolis,  Minnesota,  whose 
acquaintance  I  had  formed  previously.  At  the  time  of  our  first  meeting,  I  had 
given  him  an  option  on  sixty  quarter  sections  of  timbered  school  lands,  aggre- 
gating 9,600  acres,  situated  in  Coos  and  Douglas  counties,  Oregon.  This  deal 
had  fallen  through  for  the  reason  that  the  tracts  were  not  in  a  compact  body, 
being  merely  a  portion  of  the  16th  and  36th  sections  of  quite  a  number  of  scatter- 
ed townships. 

Although  my  initial  effort  to  do  business  with  Mr.  Smith  terminated  in 
failure,  it  served  as  an  incentive  to  approach  him  concerning  a  proposition  of 
greater  magnitude,  as  I  had  become  more  or  less  familiar  with  his  system  of 
operation,  and  felt  satisfied  he  was  not  of  the  cheap  variety,  wherever  personal 
interest  was  involved,  and  that  nothing  would  balk  him  in  the  line  of  investment, 
providing  there  was  anything  in  it  for  himself. 

Upon  my  second  visit,  I  endeavored  to  impress  him  with  the  idea  that  I 
was  somewhat  of  a  timber-land  plunger  myself,  and  that  I  was  in  a  position  to 
interest  him  on  a  basis  that  would  yield  large  returns. 

Calling  the  next  day,  as  per  appointment,  I  found  him  exceedingly  eager, 
as  on  the  day  before,  to  discuss  the  matter  of  timber  lands  and  the  best  method 
of  acquiring  title  thereto.  In  fact,  we  had  several  conferences  upon  the  subject, 
all  of  which  were  arranged  at  the  suggestion  of  Mr.  Smith. 

I  felt  from  the  start  that  he  meant  business,  and  was  convinced  further- 
more that  he  was  looking  for  just  such  lands  as  I  had  in  view — those  that  prom- 
ised to  yield  large  returns — but  was  unaware,  of  course,  to  what  extent  he  would 
go  in  order  to  secure  them,  or,  in  fact,  whether  there  was  any  limit  to  his  ambi- 
tions in  that  respect.  This  information,  however,  Smith  divulged  to  me  in  his  own 
good  time,  and  in  such  way  as  to  satisfy  me  that  he  would  go  to  any  extreme 
in  obtaining  vast  holdings  of  timber. 

After  exhibiting  plats  showing  the  lands  I  had  to  offer,  and  explaining 
all  the  details  incident  to  prices  and  the  facilities  for  manufacturing  the  product 
into  merchantable  lumber,  he  asked  me  if  I  was  aware  of  any  tracts  of  good 
timber  that  had  been  surveyed,  but  which  were  still  vacant  and  subject  to  entry, 
to  which  I  replied  that  I  was  familiar  with  several  fine  bodies  of  timber  in  that 
condition. 

He  then  inquired  if  it  would  not  be  a  more  feasible  plan,  in  my  opinion,  to 
locate  a  lot  of  men  under  the  timber  and  stone  Act  of  June  3,  1878,  furnishing 
them  the  money  with  which  to  make  final  proof,  and  acquire  title  in  that  way. 

I  informed  Mr.  Smith  that  the  plan  outlined  would  most  assuredly  be 
considerably  cheaper  in  the  long  run,  but  that  it  would  necessitate  the  expendi- 
ture of  a  large  sum  of  money  at  the  outset. 

Page    33 


Thomas  B.  Xeuhausen,  Special  Inspector,  Interior  Department 
one  of  Heney's  chief  aids  in  the  land  fraud  prosecutions 


So  far  as  the  money  feature  was  concerned,  Smith  assured  me  that  he 
would  be  only  too  glad  to  advance  whatever  amount  was  required,  provided, 
however,  that  I  should  enter  into  an  agreement  with  him  to  attend  to  all  the 
details  incident  to  the  perfection  of  title. 

His  proposition  met  my  approbation,  and  I  expressed  myself  accordingly, 
whereupon  he  sought  information  concerning  the  probable  cost  involved  by 
the  undertaking. 

This  I  could  not  state  definitely,  informing  him  that  it  would  depend 
largely  upon  circumstances.  As  to  the  land  itself,  we  knew  exactly  what  the 
Government  price  was,  as  well  as  the  land  office  fees,  but  when  it  came  to  a 
question  of  compensation  for  the  entrymen,  prices  would  vary  to  a  certain 
extent,  as  some  would  demand  more  than  others  for  their  rights. 

Mr.  Smith  was  positive  that  in  no  instance  would  the  expense  of  this 
character  be  exorbitant,  basing  his  ideas  upon  the  theory  that  comparatively  few 
men  had  the  necessary  $400  with  which  to  make  final  payment,  however  valuable 
the  claim  might  be,  and  he  felt  that  I  would  be  able  to  get  all  the  locators  I  could 
utilize  for  sums  ranging  from  $100  to  $200  each. 

I  agreed  with  Mr.  Smith  that  his  figures  were  doubtless  correct,  and  being 
mutually  satisfied,  we  entered  into  an  agreement  whereby  I  was  to  secure  from 
8,000  to  10,000  acres  for  him,  or  as  much  more  as  I  could  get,  of  good  yellow 
fir  timber  land,  practically  in  one  body,  as  near  to  market  as  possible,  and  to  run 
at  least  50,000  feet  of  merchantable  lumber  to  the  acre,  and  which  was  not  to 
cost  him  over  $6  an  acre,  he  agreeing  to  advance  all  funds  necessary  in  get- 
ting title. 

He  then  gave  me  a  letter  to  Frederick  A.  Kribs,  his  financial  agent,  who 
was  then  in  San  Francisco,  at  the  same  time  stating  that  he  would  abide  by 
whatever  trade  I  made  with  Kribs ;  also,  that  as  soon  as  I  had  located  a  tract  and 
closed  a  deal  with  the  latter,  he  would  proceed  to  Oregon  and  have  a  definite 
understanding  with  me  upon  the  subject,  in  the  form  of  a  written  agreement. 

Upon  my  arrival  in  Portland,  I  consulted  my  partner,  Horace  G.  McKinley, 
in  regard  to  the  deal  discussed  with  Smith,  and  asked  him  if  he  knew  of  any 
desirable  tract  that  we  could  get  hold  of.  McKinley  declared  that  he  was  aware  of 
a  large  body  of  land  that  would  exactly  fill  the  bill;  that  Townships  14  South, 
Ranges  2,  3  and  4  East,  Willamette  Meridian,  in  Linn  County,  Oregon,  had  only 
recently  been  surveyed,  and  were  covered  with  one  of  the  heaviest  and  finest 
bodies  of  yellow  fir  timber  in  the  State,  but  if  he  wanted  to  get  in  on  it  we  would 
have  to  act  promptly,  as  the  Northern  Pacific  Railroad  Company  had  its  cruisers 
on  the  ground  at  that  time,  estimating  the  timber  with  a  view  of  making  forest 
reserve  selections  of  it  under  the  "Scripper  Act"  of  June  4,  1897,  so  we  decided 
to  go  right  to  work  and  get  in  ahead  of  the  Northern  Pacific. 

We  followed  out  the  plan  along  the  lines  originally  suggested  by  Mr. 
Smith,  and  were  successful  in  securing  a  majority  of  the  entrymen  required 
in  Portland,  the  balance  being  picked  up  around  Brownsville,  Albany  and  Rose- 
burg,  Oregon.  We  had  a  mutual  understanding  with  each  and  every  person 
taking  up  a  claim  that  we  would  pay  all  expenses  incurred,  including  that  of  going 
to  and  from  the  land  ;  going  to  and  from  the  land  office  ;  the  land  office  fees  and  the 
cost  of  the  land,  and  further,  that  we  would  allow  them  $100  each,  after  they  had 
made  final  proof  and  turned  over  their  deeds,  which  were  to  be  executed  in  favor 
of  whomsoever  we  might  designate. 

The  entrymen  were  taken  to  the  Roseburg  land  office  in  bunches  of  ten 
or  more,  as  we  found  it  convenient,  having  arranged  previously  with  the  Southern 
Pacific  Company  for  something  like  a  one  and  one-fifth  fare  for  the  round  trip, 
where  groups  of  ten  or  upward  were  transported  at  one  time. 

The  descriptions  of  the  lands  filed  on  were  secured  from  the  Mealey 
brothers,  residents  of  the  Sweet  Home  country,  under  a  contract  to  allow  them 
$10  a  claim,  or  quarter  section,  they  guaranteeing  each  160  acres  so  furnished  to 
estimate  no  less  than  10,000.000  feet  of  good  timber.  These  two  brothers,  William 

Page  35 


and  "Jud"  Mealey,  had  lived  for  years  within  three  miles  of  the  tract,  and  had 
assisted  in  its  survey,  consequently  were  thoroughly  posted  relative  to  the  general 
characteristics  of  each  subdivision  thereof.  Within  a  week  we  had  made  fifty- 
seven  locations  on  timber  claims,  and  had  recorded  the  filings  at  the  land 
office  in  Roseburg. 

Shortly  thereafter  the  Northern  Pacific  cruisers  returned  with  their  reports 
to  headquarters,  and  C.  E.  Moulton,  agent  for  the  railway  corporation,  was  sent 
to  Roseburg  for  the  purpose  of  "scripping"  the  entire  tract.  When  he  discovered 
that  the  land  had  been  filed  on  under  the  timber  and  stone  act,  and  learned  who 
was  behind  the  scheme,  he  immediately  called  on  McKinley  and  myself,  and  threat- 
ened to  institute  contest  proceedings  unless  we  had  the  timber  filings  withdrawn 
forthwith,  giving  it  as  his  opinion  that  the  claims  had  not  been  taken  in  good 
faith.  We  objected,  of  course,  against  any  such  measure,  consequently  the  Nor- 
thern Pacific  filed  contests  against  every  entry,  and  the  Register  and  Receiver 
of  the  Roseburg  land  office  set  the  hearing  simultaneous  with  the  date  of  making 
final  proof  on  the  different  claims. 

Shortly  after  this  I  went  to  San  Francisco  to  see  Mr.  Kribs.  to  whom 
I  explained  the  entire  situation,  and  he  in  turn  agreed  to  communicate  with  Mr. 
Smith,  advising  him  to  come  to  the  Coast  immediately,  in  order  that  some 
satisfactory  conclusion  might  be  reached  regarding  the  status  of  affairs.  Some 
weeks  later  I  received  a  wire  from  Kribs,  announcing  Smith's  arrival  in  the  Bay 
City,  and  requesting  me  to  meet  them  at  Albany,  Oregon,  at  a  stated  time. 

On  the  date  named,  McKinley  and  I  went  to  Albany,  where  we  met  both 
Smith  and  Kribs,  and  it  was  thereupon  decided  that  our  first  move  should  be  to 
make  an  examination  of  the  timber,  and  if  it  came  up  to  Mr.  Smith's  expectations, 
an  agreement  was  to  be  perfected  between  us,  with  a  view  of  acquiring  the  title-. 

On  the  morning  following  we  took  the  train  for  Lebanon,  Oregon,  where 
a  team  was  engaged,  driving  to  the  Mealey  ranch  and  remaining  there  over  night. 
The  next  day,  and  for  several  days  thereafter,  we  cruised  the  timber  under  the 
pilotage  of  the  two  Mealey  brothers,  counting  and  measuring  the  trees  indiscrim- 
inately on  different  portions  of  the  tract,  which  was  to  be  a  test  of  the  whole. 
Some  of  the  land  ran  as  high  as  300,000  feet  to  the  acre,  while  scarcely  any 
estimated  less  than  20,000  feet.  It  all  averaged  80,000  feet  to  the  acre,  or  30,000 
feet  above  requirements. 

Mr.  Smith  was  highly  pleased  with  the  results  of  his  inspection,  and 
upon  our  return  to  Albany  entered  into  a  contract,  whereby  he  agreed  to 
advance  the  money  for  making  final  proof  and  all  other  expenses,  together  with 
the  $100  bonus  to  be  paid  each  entryman  for  his  right,  and  as  soon  as  deeds  were 
obtained,  he  was  to  pay  us  the  sum  of  $5.50  an  acre  for  the  9,120  acres  embraced 
in  the  fifty-seven  claims,  less  the  amount  advanced  for  the  perfection  of  titles. 

He  suggested  that  as  soon  as  final  proofs  were  made,  the  entrymen 
should  mortgage  their  claims  to  Frederick  A.  Kribs  for  $600  each,  simultaneous 
with  the  execution  of  a  transfer  to  John  A.  Wild,  of  Minneapolis,  this  deed  to 
be  withheld  from  record  for  ten  days  after  the  final  proof  had  been  made. 
This  precautionary  measure  was  adopted  to  make  it  appear  that  the  claims  had 
not  been  located  under  any  prior  contract  for  sale,  in  case  any  question  should 
arise  affecting  the  validity  of  the  titles. 

About  a  fortnight  prior  to  the  time  for  making  final  proofs  on  the  entries, 
McKinley  was  arrested  at  Albany.  I  was  en  route  from  San  Francisco  to 
Portland  when  this  occurred,  and  had  wired  him  to  meet  me  in  Salem.  McKinley 
sent  a  messenger  boy  to  the  Albany  depot  for  the  purpose  of  intercepting  me 
and  apprising  me  of  the  situation,  and  as  soon  as  I  learned  the  state  of  affairs. 
I  left  the  train  and  went  up  town  to  the  hotel,  where  I  found  Horace  in  custody 
of  an  officer,  he  having  been  charged  with  subornation  of  perjury  and  con- 
spiracy to  defraud  the  Government  out  of  its  public  lands.  The  warrant  had 
been  sworn  to  by  S.  S.  Mathers,  Special  Agent  of  the  General  Land  Office, 
whose  headquarters  were  at  the  Roseburg  Land  Office.  I  immediately  qualified 

Page  36 


The  kind  of  timber  land  acquired  fraudulently  by  C.  A.  Smith  through  Puter  and  McKinley,  and 
liable  to  be  cancelled  by  the  Government.  This  photograph  was  taken  in  March,  1908,  and 
represents  Puter  in  "cruiser"  costume  estimating  the  timber  on  N.  W.  J ,  Sec.  20,  Tp.  14 
S.,  R.  3  E.  (Linn  County,  Ore.)  portions  of  which  ran  300,000  feet  to  the  acre.  The  entire 
quarter  section  aggregated  20,000,000  feet,  and  was  the  claim  filed  on  personally  by  Puter  in  1900 


as  his  bondsman,  resuming  my  journey  as  soon  as  he  was  released,  and  going 
direct  to  F.  Pierce  Mays'  office  as  soon  as  I  reached  Portland,  where  I  explained 
all  the  circumstances  attending  the  arrest  of  McKinley,  and  asked  Mays'  advice 
concerning  the  best  course  of  procedure. 

lie  seemed  much  surprised  to  see  me,  stating  that  it  was  reported  I  was 
in  Chicago,  and  that  had  the  Northern  Pacific  people  known  I  was  in  Oregon, 
they  would  not  have  molested  McKinley.  He  admitted  that  it  was  the  railway 
corporation  behind  the  scheme  to  prosecute  McKinley.  thinking  that  by  this 
process,  coupled  with  the  fact  of  his  being  in  jail,  it  would  have  a  terrorizing 
effect  upon  the  fifty-seven  entrymen,  making  it  an  easy  matter,  in  the  opinion  of 
the  company's  agent,  to  scare  them  into  relinquishing  their  rights  and  enable 
the  Northern  Pacific  to  scrip  the  land  without  opposition. 

According  to  Mays,  the  company  was  proceeding  upon  the  theory  that 
by  exercising  a  little  persuasive  force  of  this  character  with  the  entrymen. 
practically  all  of  whom  were  ignorant  backwoodsmen,  they  would  accede  to 
their  wishes,  as  most  of  them  realized  that  they  had  done  something  contrary 
to  law.  and  were  liable  to  prosecution  by  the  Government. 

So  far  as  McKinley  was  concerned.  Mays  assured  me  he  would  come 
out  all  right,  and  advised  that  the  best  thing  to  do  would  be  to  expedite  his 
preliminary  examination,  and  he  would  see  that  his  brother,  Edward  P.  Mays — 
then  Assistant  United  States  Attorney — should  be  sent  to  Albany  to  prosecute 
the  case,  so  we  need  feel  no  anxiety  over  the  matter. 

After  a  brief  conference,  McKinley  and  I  proceeded  to  interview  the 
entrymen,  informing  them  of  the  game  of  bluff  being  played  by  the  Northern 
Pacific  people,  at  the  same  time  cautioning  them  to  stand  pat  and  talk  to  nobody. 

\Ye  then  employed  A.  M.  Crawford,  ex-Receiver  of  the  Roseburg  Land 
Office,  and  at  present  Attorney  General  for  the  State  of  Oregon,  to  defend 
McKinley.  The  case  was  set  for  hearing  within  five  days  after  his  arrest,  before 
the  United  States  Commissioner  at  Albany. 

In  the  meantime  McKinley  and  I  decided  to  visit  Roseburg  and  if  possible, 
"round  up"  Special  Agent  Mathers,  who  had  sworn  to  the  complaint,  believing 
that  for  a  few  hundred  dollars  he  could  be  induced  to  view  things  in  a  different 
light  about  McKinley,  and  assist  in  having  him  cleared.  We  likewise  deemed 
it  good  policy  to  have  Mathers  on  our  side  during  the  pendency  of  the  contest 
proceedings,  and  also  to  aid  us  in  securing  the  patents. 

As  soon  as  we  got  to  Roseburg  we  commenced  to  hunt  for  tracks,  making 
the  rounds  of  Mathers'  various  haunts  until  we  finally  found  him  in  one  of 
the  numerous  saloons  of  the  place,  surrounded  by  a  coterie  of  charmed  and 
enthusiastic  admirers,  to  whom  he  was  relating  gilt-edged  narratives  concerning 
his  many  deeds  of  prowess  on  the  battlefields  of  his  country.  As  each  tale 
had  been  accentuated  by  a  round  of  drinks,  and  as  the  valiant  Captain  was 
wound  up  for  all  night,  we  considered  him  in  prime  condition  for  opening  up 
negotiations. 

Several  members  of  the  crowd  around  the  bar,  including  Captain  Mathers. 
recognized  us  as  soon  as  we  entered  the  establishment,  and  our  appearance 
was  the  signal  for  an  invitation  from  all  hands  to  join  in  the  festivities.  To  say 
that  we  accepted  with  alacrity  would  be  putting  it  mildly,  as  we  regarded  the 
situation  as  a  golden  opportunity  for  carrying  out  our  plans. 

After  imbibing  freely,  all  present  entered  into  social  converse,  the  amount 
of  individual  talking  being  gauged  by  the  quantity  of  liquor  already  consumed. 
McKinley  and  I  took  a  special  interest  in  the  various  anecdotes,  particularly  so 
whenever  the  Special  Agent's  tongue  got  busy.  \Ye  applauded  his  maudlin 
remarks  to  the  echo,  and  as  a  fitting  appreciation  of  his  recitals,  wherein  whole 
regiments  had  been  put  to  flight  whenever  he  placed  himself  on  a  war  footing. 
McKinley  tossed  a  double  eagle  over  the  bar  and  suggested  that  the  entire  house 
join  us  in  bumpers  of  champagne  to  the  everlasting  glory  of  the  great  warrior. 
The  corks  popped  quite  freely  after  that,  Mather?  keeping  up  his  end 

Page    38 


•~  ~ 


in  true  millionaire  fashion.  \Ye  later  toured  the  town  with  the  bibulous  Special 
Agent,  jollying  him  along  to  the  queen's  taste,  until  we  came  to  the  conclusion 
that  he  was  ripe  enough  to  be  approached  upon  the  subject  of  standing  in  with  us. 

Much  to  our  surprise.  Mathers  informed  us  that  the  Northern  Pacific 
people  had  beaten  us  to  him.  having  given  his  wife  a  free  pass  over  their  lines 
to  New  York  City,  besides  presenting  him  with  S200  in  cash,  as  an  inducement 
to  assist  them  in  the  approaching  contt  -» 

This  voluntary  information  on  the  part  of  the  Special  Agent  was  not 
exactly  what  we  relished,  but  in  the  absence  of  our  ability  to  corral  him  for 
our  own  use  and  benefit,  it  answered  the  purpose  of  a  leverage,  and  we  lost  no 
time  in  acquainting  Register  J.  T.  Bridges,  of  the  Roseburg  Land  Office,  with 
the  facts  in  the  case.  Bridges  thereupon  called  for  an  explanation  from  Mathers, 
who.  when  confronted  with  the  evidence  of  bribery,  made  a  complete  confession 
to  the  Register,  who  at  once  wired  Commissioner  of  the  General  Land  Office 
Binger  Hermann,  apprising  him  of  the  situation.  As  a  result,  the  Special  Agent 
was  relieved  from  duty  at  Roseburg  and  sent  out  of  the  State,  but  was  not 
dicharged  by  Hermann,  although  he  was  later  dismissed  from  service  by  order 
of  Secretary  Hitchcock. 

In  due  time  McKinley's  case  came  up  for  preliminary  hearing  before  the 
United  States  Commissioner  at  Albany,  and  while  the  evidence  was  sufficiently 
strong  to  hold  him  under  ordinary  circumstances,  he  was  discharged.  True  to 
his  promise,  my  old  friend  Pierce  Mays  had  induced  his  brother  Edwin  to  appear 
for  the  Government  in  the  role  of  prosecutor,  and  as  Assi-tant  United  States 
Attorney,  his  recommendation  carried  enough  weight  to  convince  the  Commis- 
sioner  that  there  was  slight  chance  for  a  conviction  before  a  jury,  although,  as  a 
matter  of  fact,  two  of  the  bogus  entrymen  had  confessed,  and  had  made  affidavits 
that  they  had  taken  up  the  land  for  the  benefit  of  McKinley.  with  whom  they 
had  contracted  in  advance  of  filing  to  sell  their  rights  for  $100  each. 

Soon  after  this  affair,  the  case  of  the  Northern  Pacific  against  the 
fifty-seven  entrymen  was  called  before  the  Register  and  Receiver  of  the  Roseburg 
Land  Office.  The  contestants  were  represented  by  one  of  the  corporation'- 
special  counsel  from  St.  Paul.  Minn.,  in  addition  to  an  attorney  from  Tacoma. 
Wash.,  and  F.  Pierce  Mays,  of  Portland,  while  the  lawyers  for  the  entrymen 
were  John  H.  Shupe  and  A.  M.  Crawford.  ex-Register  and  ex-Receiver. 
respectively,  of  the  Roseburg  Land  Office. 

I  was  dumbfounded  to  perceive  Mays  there  in  the  capacity  of  attorney  for 
the  corporation,  and  as  soon  as  the  chance  presented  itself,  demanded  an 
explanation. 

"Don't  you  know  that  I  am  one  of  the  regular  attorneys  of  the  Northern 
Pacific  Railway  Company?"  he  responded  rather  haughtily. 

"Xo."  I  answered,  "you  have  always  been  my  attorney,  and  when  I  asked 
you  the  other  day  to  defend  my  interests  in  these  suits,  you  declared  that  you 
were  unable  to  get  away  on  account  of  pressing  business,  and  now  I  find  you 
arrayed  upon  the  opposite  side." 

Mays  undertook  to  excuse  himself  with  the  explanation  that  he  did  not 
think  the  Xorthern  Pacific  people  intended  to  make  a  call  on  his  services,  but  at 
the  last  moment  they  had  done  so,  and  he  was  in  no  position  to  refuse,  as  they 
had  all  along  calculated  to  do  so.  but  had  failed  to  notify  him  of  their  intentions. 

"At  any  rate,"  continued  Mays,  "you  will  be  well  represented,  and  I  guess 
you  will  not  have  much  trouble,  as  I  shall  be  easy  with  you." 

As  I  had  made  personal  application  for  one  of  these  claims,  and  was 
therefore  one  of  the  contestees.  I  happened  to  be  the  first  witness  called  and 
was  on  the  stand  for  two  days.  I  had  a  satisfactory  answer  for  every  question 
concerning  my  connection  with  the  fifty-seven  entrymen.  as  well  as  pertaining 
to  my  individual  filing,  hence,  so  far  as  the  testimony  went,  it  looked  as  if  the 
Xorthern  Pacific  did  not  have  much  of  a  case.  I  had  made  such  a  good 
showing,  in  fact,  that  Mays  called  upon  me  that  evening  at  my  room  in  the 

Page    40 


Sample  of  timber  on  one  of  the  fraudulent  Smith  claims  in  Tp.  14  S.,  R.  3  E. 
liable  to  revert  to  the  Government  through  cancellation 


hotel  and  suggested  a  compromise,  stating  that  the  best  thing  I  could  do 
would  be  to  give  up  one-half  the  claims  to  the  railway  corporation ;  that  he 
thought  they  would  be  willing  to  acquiesce  in  an  arrangement  of  this  kind. 
as  I  had  put  up  such  a  splendid  front  on  the  witness  stand  the  Northern 
Pacific  attorneys  were  dubious  about  the  outcome. 

'"However,"  said  he,  ''you  know.  Puter.  if  we  carrynhese  cases  on.  you 
won't  be  able  to  save  a  single  claim,  as  every  one  of  those  entrymen  will  go  to 
pieces  when  they  get  on  the  stand,  and  the  chances  are  more  than  likely  that  you 
will  all  be  indicted  for  conspiracy  to  defraud  the  Government,  convicted,  and  sent 
over  the  road." 

As  a  matter  of  fact,  Mays  was  simply  taking  up  a  collection  on  both  sides 
of  the  aisle  when  he  offered  this  suggestion.  At  any  rate,  I  declined  to  surrender 
such  a  large  percentage  of  the  lands,  but  finally  agreed  to  compromise  upon  the 
basis  of  24  claims  for  the  Northern  Pacific  and  33  for  ourselves,  so  I  selected  the 
quarter  sections  I  wanted,  and  had  the  entrymen  relinquish  their  rights  to  the 
remainder.  As  soon  as  this  had  been  done,  the  Northern  Pacific  proceeded  to 
cover  each  abandoned  tract  with  forest  reserve  selections,  at  the  same  time 
withdrawing  their  contests  against  the  other  33  entries,  and  we  then  went  to 
work  to  have  the  latter  proved  up. 

C.  A.  Smith  wired  the  necessary  money  to  Frederick  A.  Kribs.  at  Rosebu^. 
and  as  rapidly  as  proofs  were  made,  he  called  at  the  Land  Office  and  paid  the 
Government  price  for  the  land,  as  well  as  all  the  office  fees,  whereupon  the 
entrymen,  as  arranged  previously,  mortgaged  their  claims  to  Mr.  Kribs.  and  at 
the  same  time  executed  a  deed  in  favor  of  John  A.  Wild,  of  Minneapolis, 
receiving  a  cash  bonus  of  $100  each. 

For  some  reason  or  other,  the  patents  to  these  thirty-three  entries  were 
suspended,  pending  an  investigation.  A  report  had  been  sent  to  the  General 
Land  Office  concerning  the  fraudulent  character  of  the  claims,  and  in  my  opinion 
this  complaint  was  instigated  by  the  Northern  Pacific.  At  all  events,  Special 
Agent  \Yilliam  D.  Stratford,  who  succeeded  Mathers  at  Roseburg.  was  directed 
to  make  an  investigation,  but  it  is  evident  he  was  picked  up  by  Kribs  in  short 
order,  as  he  came  to  me  soon  after  in  Portland  with  an  affidavit  for  me  to  sign, 
bearing  upon  the  question  of  my  connection  with  the  thirty-three  entrymen. 

This  affidavit  was  a  typewritten  document  of  several  pages.  Stratford 
informed  me  that  Kribs  had  given  it  to  him,  and  he  wished  me  to  sign  it.  He  also 
wanted  me  to  hunt  up  as  many  of  the  entrymen  as  I  could  find,  and  obtain  their 
affidavits  in  order  to  facilitate  the  issuance  of  patents. 

I  hesitated  somewhat  before  signing,  as  it  appeared  to  me  the  affidavit 
should  have  been  more  explicit  in  defining  my  connection  with  the  thirty-three 
entrymen ;  but  as  the  Special  Agent  had  come  to  me  direct  from  one  of  my 
associates,  and  furthermore,  because  I  was  assured  that  it  would  innure  to  the 
mutual  benefit  of  Kribs  and  myself.  I  attached  my  signature. 

I  then  rounded  up  a?  many  of  the  entrymen  as  I  could  find  and  secured 
additional  affidavits,  requesting  McKinley  to  locate  the  balance,  or  those  whom 
I  had  overlooked.  Stratford  expressed  a  desire  to  get  as  many  affidavits  as  he 
possibly  could  at  the  earliest  moment,  that  he  might  embody  them  in  his  report 
to  the  General  Land  Office. 

Awhile  afterward  I  had  business  in  the  East,  and  stopped  off  at  Minneapolis 
for  the  purpose  of  conferring  with  C.  A.  Smith  relative  to  the  claims,  as  it  will 
be  remembered  they  were  located  in  his  interest.  After  describing  conditions  in 
Oregon,  and  Special  Agent  Stratford's  efforts  in  our  behalf.  Smith  suggested  that 
I  proceed  to  \Yashington,  D.  C.,  at  once  with  a  view  of  using  my  best  endeavors 
to  get  the  patents  through.  He  then  dictated  a  letter  of  introduction  to  S.  M. 
Eddy.  United  States  Senator  from  Minnesota,  whom  he  declared  was  his  personal 
friend  and  one  upon  whom  he  could  rely  for  assistance  of  this  character,  together 
with  a  letter  to  R.  Y.  Betz.  a  prominent  \Yashington  lawyer.  These  letters  were 
not  presented,  for  reasons  that  will  appear  hereafter. 

Page     42 


05.8 


I 


Upon  arriving  in  Washington,  I  received  a  telegram  from  Mr.  Smith. 
requesting  me  not  to  see  Senator  Eddy  or  Mr.  Betz.  or  take  any  further  steps 
in  connetion  with  the  entries,  as  other  arrangements  had  been  made  in  Portland. 

Returning  to  Minneapolis,  I  was  informed  by  Mr.  Smith  that  he  had 
received  advices  from  Frederick  A.  Kribs  to  the  effect  that  George  F.  Wilson, 
another  Special  Agent,  had  been  sent  out  from  the  General  Land  Office  to  make 
further  investigations  of  the  claims,  and  that  it  would  be*  useless  for  us  to 
attempt  to  do  anything  in  Washington  until  this  Agent's  report  had  reached 
headquarters. 

It  developed  later  that  Special  Agent  Wilson  was  a  brother  to  the 
Republican  "boss"  of  Providence,  R.  I.,  and  that  he  owed  his  Government 
position  to  the  political  pull  enjoyed  by  his  relative  with  Senator  Aldrich,  of 
that  State. 

It  is  also  interesting  to  know  that  Wilson  fell  an  easy  prey  to  Kribs 
as  soon  as  he  reached  Oregon,  and  is  no  longer  in  the  service  of  the  Land 
Department  on  that  account. 

Upon  my  return  to  Portland,  I  had  an  interview  with  Kribs,  who  gave 
me  full  particulars  regarding  Wilson's  visit,  and  how  he  had  disposed  of  him. 
However,  Kribs  still  felt  more  or  less  perturbed  over  the  delay  in  securing  patents, 
and  I,  too,  was  ill  at  ease,  so  I  suggested  that  he  call  on  F.  P.  Mays  and  solicit 
his  aid  in  adjusting  matters. 

Later  Kribs  informed  me  that  he  had  made  an  arrangement  with  May>. 
whereby  the  latter  was  to  receive  S50  each  for  his  services  in  getting  the  patents 
on  the  thirty-three  entries. 

Sometime  afterward  I  met  Kribs  again,  and  found  him  in  a  disturbed 
frame  of  mind,  as  he  could  not  understand  the  delays  incident  to  the  issuance  of 
final  evidence  of  title  to  the  lands,  expressing  the  opinion  that  Mays  was 
procrastinating  in  the  matter.  I  then  informed  Kribs  that  United  States  Senator 
John  H.  Mitchell  had  just  returned  to  the  city,  and  suggested  that  he  consult 
with  the  statesman  upon  the  subject.  Kribs  did  as  I  advised,  and  a  few  days 
later  reported  the  result  of  his  conference  with  the  Senator. 

According  to  Kribs'  statement  to  me,  which  has  since  been  confirmed  by 
court  proceedings,  he  succeeded  in  entering  into  an  agreement  with  Senator 
Mitchell,  whereby  the  latter  was  to  receive  S25  for  each  patent  issued  in 
connection  with  the  thirty-three  claims.  Although  the  arrangement  only 
applied  to  these  entries.  Kribs  took  advantage  of  the  situation  and  made  a 
further  agreement  with  the  Senator,  whereby  he  was  to  look  after  his  interests 
in  the  matter  of  expediting  all  land  patents  he  might  have  in  future  before  the 
Department,  for  which  the  Senator  was  to  receive  the  stipulated  sum  of  $25  each. 

It  might  be  well  to  note  here  that  the  part  taken  by  Senator  Mitchell 
in  the  matter  of  expediting  the  issuance  of  patents  for  Frederick  A.  Kribs  was 
the  direct  cause  of  his  subsequent  conviction,  as  Kribs  settled  with  the  law  firm 
of  Mitchell  &  Tanner  through  checks  drawn  on  the  Merchants'  National  Bank,  of 
Portland,  Ore.,  of  which  a  full  account  will  be  given  in  another  chapter. 


Page    44 


Field  Marshal  Kribs,  commander-in-chief  of 
C.  A.  Smith's  grand  army  of  "dummies" 


Chapter  IV 


*% 

History  of  the  Famous  Township  "11-7"  deal,  whereby  Putcr  and  his  associates 
demonstrate  conclusively  that  there  is  an  actual  method  of  stealing  Govern- 
ment land — Desperate  efforts  of  the  conspirators  to  secure  the  earl\  issu- 
ance of  patents  on  the  fraudulent  claims  includes  the  wholesale  bribery  of 
public  officials  of  both  high  and  lou'  degree — Details  of  the  transaction  in 
which  United  States  Senator  John  H.  Mitchell,  of  Oregon,  figures  as  the 
taker  of  tainted  money  in  the  shape  of  two  $1000  bills  for  his  sen-ices  in 
securing  favorable  action  by  the  Land  Department  at  Washington. 

DURING  1899  and  1900,  my  partner,  Horace  G.  McKinley,  and  myself  had 
been  doing  considerable  speculating  in  timber  lands  in  Oregon,  and  be- 
cause of  our  extensive  operations,  had  occasion  to  visit  frequently  the 
Roseburg  and  Oregon  City  Land  Offices.  It  came  to  our  notice  that  a  great 
many  unperfected  homestead  entries  within  the  Cascade  Forest  Reserve  were  being 
proven  up  on,  and  it  occurred  to  us,  because  of  our  knowledge  of  the  fact  that 
a  large  majority  of  the  homesteaders  were  not  bona-fide  settlers  and  had  not 
complied  with  the  law  in  any  particular,  and  further,  because  of  our  knowledge 
that  the  lands  being  proved  up  on  were  of  comparatively  small  value,  that 
there  must  be  some  good  reason  for  this  abnormal  rush  in  the  line  of  securing 
titles  to  such  lands,  we  decided  to  make  an  investigation.  It  resulted  in  the 
discovery  that  these  tracts,  immediately  alter  final  proofs  were  made,  were  being 
transferred  to  lumber  syndicates,  for  the  purpose  of  creating  '"base"  to  be  used 
in  selecting  other  and  better  lands  in  lieu  thereof. 

Under  the  provisions  of  the  second  section  of  the  Act  of  Congress  of 
June  4,  1897.  it  was  specified  "that  in  cases  in  which  a  tract  covered  by  an 
unperfected  claim,  or  by  a  patent,  which  is  included  within  the  limits  of  a  public 
forest  reservation,  the  settler  or  owner  thereof  may,  if  he  desire  to  do  so. 
relinquish  the  tract  to  the  Government,  and  may  select  in  lieu  thereof  a  tract  of 
vacant  land  open  to  settlement,  not  exceeding  in  area  the  tract  covered  by  his 
claim  or  patent."  The  provisions  of  this  Act  entitled  the  owner  of  any  perfected 
title  within  a  forest  reserve  to  relinquish  his  right  thereto,  through  deed  to  the 
Government,  and  to  select  in  lieu  thereof,  the  same  number  of  acres  of  any 
unoccupied,  surveyed  lands,  within  the  United  States. 

During  1900,  the  survey  of  Township  1 1  South.  Range  7  East.  Willamette 
Meridian,  was  approved,  and  the  lands  therein  were  opened  to  entry.  This 
township,  being  wTithin  the  Cascade  Forest  Reserve,  afforded  all  who  owned  lands 
therein  an  opportunity  to  exchange  their  holdings  with  the  Government  and  to 
select,  in  lieu  thereof,  any  tract  of  vacant  surveyed  public  land  in  the  United 
States,  of  the  same  area.  Those  who  did  not  wish  to  make  a  trade  of  this  sort. 
had  the  option  of  selling  their  holdings  at  a  fluctuating  market  value  for  tracts 
of  this  kind,  ranging  all  the  way  from  $5  to  S7.50  per  acre.  The  purchaser, 
of  course  was  vested  with  the  same  right  granted  to  the  original  owner,  relative 
to  exchange  with  the  Government,  and  these  lands  were  used  as  the  basis  in  mak- 
ing other  selections,  and  became  popularly,  though  erroneously  known  as  "scrip." 
When  McKinley  and  I  learned  that  Township  "11-7"  was  in  the  market, 
and  realizing  that  it  was  situated  near  the  summit  of  the  Cascade  Mountains,  at  an 
elevation  where  the  prospects  of  Governmental  inquiry  concerning  entries  were 
exceedingly  remote,  we  concluded  to  make  a  lot  of  homestead  filings  there,  under 
the  pretense  that  it  was  being  done  by  settlers  who  had  long  been  residents  of 
the  township,  and  who  were  about  to  take  advantage  of  the  law  that  permitted 

Page   46 


T.ll  S. 


•Via  Cr 


o/  the  famous  township  "11-7,"  showing  the  location  of  the  fraudulent  homestead  claims  filed  by 
Puter  and  McKinley.  It  was  on  account  of  these  bogus  entries  that  the  defendants  were  convicted 
by  a  jury  in  the  United  States  Court  at  Portland,  Oregon,  on  December  6,  1904,  after  a  sensational 
trial,  in  which  Francis  J.  Heney  made  his  first  appearance  in  connection  with  Oregon  land 
fraud  cases 


settlers  in  a  newly  surveyed  township  to  initiate  their  titles  within  ninety  day? 
after  the  approval  of  the  survey.  Titles  to  Government  lands  can  neither  be 
perfected  nor  initiated  in  an  unsurveyed  township.  However,  the  term  of  a 
person's  residence  on  the  claim  before  survey  counts  as  part  of  the  five-year 
period  required  for  actual  residence  under  the  homestead  law.  Thus,  if  the 
proof  shows  that  a  person  has  been  a  resident  on  a  tract  of  land  for  the  full  five 
years,  it  only  becomes  necessary  for  him  to  make  his  filing/  advertise  during  a 
period  of  six  weeks,  submit  his  final  proofs  and  receive  his  final  certificate, 
which  is  followed  by  a  patent  without  unnecessary  delay,  for  no  other  expense 
than  the  advertising  and  filing  fees,  which  would  not  ?mount  to  over  $25. 

Our  idea  was  to  locate  as  many  persons  as  possible  in  that  township,  under 
the  homestead  law,  and  to  furnish  them  the  money  with  which  to  make  final  proof 
and  cover  their  incidental  expenses,  and  as  soon  as  final  proof  was  made,  to 
have  them  deed  the  land  to  us  at  a  price  agreed  upon  in  advance. 

Having  determined  upon  the  plan  described,  we  associated  with  us  in  the 
venture,  Dan  W.  Tarpley,  a  young  attorney  and  notary  public  of  Salem,  Oregon, 
agreeing  to  pay  him  a  certain  percentage  of  the  commissions  as  soon  as  we 
procured  titles  and  disposed  of  the  claims.  His  services,  in  return,  wrere  to 
consist  of  conducting  the  homesteaders  to  the  land  office  for  the  purpose  of  filing 
their  claims,  attending  to  the  advertising  and  the  making  of  final  proofs,  and  to 
act  as  a  general  lookout,  by  keeping  us  posted  as  to  how  things  were  moving  along. 

Persons  living  in  the  township  were  entitled  to  make  final  proof  before 
the  County  Clerk  of  the  county  where  the  land  was  situated,  if  they  so  desired, 
or  before  the  Register  and  Receiver  of  the  Oregon  City  Land  Office.  In  view 
of  this  phase  of  the  situation,  McKinley  entered  into  an  arrangement  with  Robert 
B.  Montague,  the  Deputy  County  Clerk  of  Linn  county  at  Albany,  whereby  he 
agreed  to  pay  him  $100  for  each  person  who  filed  and  made  final  proof  before  him. 
Montague,  of  course,  being  made  familiar  with  all  the  conditions,  and  he 
understood  the  situation  thoroughly. 

Altogether,  we  located  twelve  claims  in  this  way,  of  160  acres  each, 
which  was  done  by  ten  people  only,  two  of  them  filing  upon  two  claims  each, 
but  under  different  names,  one  claim,  in  each  of  these  particular  instances,  being 
filed  on  before  Deputy  Clerk  Montague  at  Albany,  and  the  other  before  the 
Register  of  the  Oregon  City  Land  Office. 

Those  making  final  proof  on  two  claims  were :  Thomas  R.  \Yilson,  who 
filed  under  the  names  of  Joseph  Wilson  and  Thos.  Wilkins:  the  other,  Henry  A. 
Young,  who  used  his  correct  name  in  filing  the  first  claim,  and  that  of  Geo.  A. 
Graham  in  filing  upon  the  second  one.  Nellie  Backus,  Alexander  R.  Brown,  and 
Emma  Porter,  used  only  a  portion  of  their  real  names.  George  L.  Pettis  and 
Zenas  K.  Watson  were  fictitious  names.  The  only  others  using  their  correct 
names  were  Maud  Witt.  Harry  C.  Barr  and  Frank  H.  Walgamot. 

This  changing  of  names  was  done  for  the  purpose  of  avoiding  identity  in 
case  there  should  be  any  investigation  by  the  Land  Department,  after  final  proof 
had  been  made. 

Six  of  the  claims  were  filed  on  before  Montague,  at  Albany,  and  an  equal 
number  before  the  Register  of  the  Oregon  City  Land  Office. 

At  the  time  of  filing,  the  homesteaders  were  required  to  make  affidavit? 
to  the  effect  that  they  had  settled  upon  their  claims  prior  to  the  creation  of  the 
reserve,  and  at  the  time  of  making  final  proofs,  they  were  obliged  to  make 
affidavits,  corroborated  by  witnesses,  that  they  were  not  only  living  on  their  claims 
prior  to  the  creation  of  the  reserve,  but  had  resided  there  continuous!}'  up  to  that 
date,  and  that  the  improvements  consisted  of  a  good  house,  with  outbuildings. 
such  as  a  barn,  woodshed,  etc. ;  also  that  they  had  cultivated  and  fenced  an  acre 
or  so  of  the  land,  and  that  the  value  of  their  improvements  amounted  to  several 
hundred  dollars. 

The  affidavits  and  proofs  of  homesteaders  must  be  corroborated  by  two 
disinterested  witnesses  living  near  by.  and  who  are  personally  acquainted  with 

Page    48 


Horace  G.  McKinley,  Fitter's  partner  in  fraudulent  land  operations,  who  fled  to  China  after  his 

conviction  in  the  11-7  case,  and  was  brought  back  by  Detective 
J.  F.  Kerrigan  after  a  30, 000  mile  chase 


those  making  final  proofs,  as  well  as  familiar  with  the  character  of  their 
improvements.  This  proviso  was  easy  enough  to  overcome,  as  one  homesteader 
acted  as  a  witness  for  the  other,  and  vice  versa. 

As  township  "11-7"  is  located  near  the  very  top  of  the  Cascade  range  of 
mountains,  and  at  an  altitude  of  approximately  5,000  feet,  it  is  very  rough. 
rocky,  and  broken  up  with  deep  gorges,  and  covered  with  a  dense  undergrowth 
of  brush  and  fir  timber,  with  snow  covering  the  entire  district  to  a  great  depth 
for  three-fourths  of  the  year,  thereby  rendering  it  imposible  for  any  one  to  make 
a  living  in  the  township  under  existing  conditions.  In  fact,  not  a  soul  lives 
nearer  than  thirty  miles. 

Under  the  circumstances,  it  was  an  easy  matter  for  us  to  play  fast  and 
loose  with  "11-7."  as  there  was  not  much  likelihood  of  anybody  disputing  our 
assertions  relative  to  improvements,  or  an vthing  else.  As  a  matter  of  fact,  not 
one  of  the  ten  who  made  proof  on  the  dozen  claims  had  ever  been  nearer  to 
them  than  Albany,  and  there  were  no  improvements  on  any  claim. 

In  passing  the  Homestead  Act.  it  was  the  intention  of  Congress  to  open 
up  lands  to  legitimate  settlers,  who  would  actually  reside  on  the  property  for 
five  years  before  proving  up ;  build  a  residence  on  same ;  till  the  soil,  and  in  all. 
make  such  improvements  as  would  justify  the  homesteader  in  remaining  on  the 
land,  and  making  it  his  permanent  home. 

Final  proofs  were  made  on  the  twelve  claims  within  a  few  weeks  after 
the  filings,  and  as  no  improvements  whatever  had  been  made,  nor  had  the 
entrymen  even  gone  to  the  expense  of  inspecting  the  lands,  which  they  were 
supposed  to  have  lived  on  and  made  their  homes  continuously  for  five  years. 
it  can  readily  be  seen  that  the  parties  to  this  transaction  were  fraudulently 
attempting  to  secure  them  purely  for  the  purpose  of  speculation. 

As  McKinley  and  I  did  not  wish  to  be  known  in  this  matter,  we  arranged 
to  have  the  entrymen,  as  soon  as  proofs  were  made,  execute  deeds  to  Mrs.  Emma 
L.  Watson,  she  being  one  of  the  entrymen.  having  taken  up  a  claim  under  the 
name  of  Emma  Porter,  later  deeding  it  to  herself.  Arrangements  had  been  made 
previously  between  Mrs.  Watson,  McKinley  and  myself,  whereby  she  agreed 
to  make  conveyance  to  any  person  whom  we  might  designate,  in  the  event  of  a 
sale.  The  actual  cost  of  these  claims  to  McKinley  and  myself  was  as  follows : 

Emma  Porter   SSOO 

Maud   Witt    600 

Geo.  L.  Pettis 600 

Nellie  Backus   150 

Alexander  R.  Brown 150 

Harry  C.  Barr 150 

Frank  H.  Walgamot 150 

Zenas  K.  Watson 150 

Joseph   Wilson 150 

Thos.  Wilkins 150 

Henry  A.  Young 150 

Geo.  A.  Graham. .  150  $3350 


Land  Office  Fees 300 

Incidental    Expenses 150  -JoO 

Total  Cost S3800 

Filings  were  made  by  the  claimants  in  October,  1900,  and  final  proofs 
submitted  six  weeks  later. 

As  McKinley  and  I  bore  all  costs,  not  only  regarding  amounts  paid  to 
the  various  so-called  homesteaders,  but  also  the  land  office  fees  and  incidental 
expenses,  it  will  be  seen  that  each  homesteader  profited  to  the  extent  of  the 
amount  credited  opposite  his  or  her  name.  As  to  our  reason  for  paying  Maud 

Pag*  50 


'Ardigah  Falls,"  on  Marion  Fork  of  Santiam  River,  near 
southeast  corner  of  Township  11  South,  Range  7  East 


Witt  and  Geo.  L.  Pettis  $600  each,  it  might  be  stated  that  they  were  close  personal 
friends  and  had  an  understanding  with  us  from  the  beginning  that  they  were 
to  be  "preferred"  to  that  extent.  In  the  case  of  Emma  Porter,  the  sum  of  $800 
was  paid  her,  for  the  reason  that  she  had  acted  as  a  go-between,  in  so  much  as 
these  lands  were  all  transferred  to  her,  to  be  held  in  trust  until  their  sale  was 
effected.  In  consideration  of  these  services,  she  was  paid  for  her  claim  nearly 
its  entire  market  value.  ? 

A  few  weeks  after  final  proofs  were  made,  while  McKinley  and  I  were 
at  a  hotel  in  Albany,  a  man  named  J.  A.  \V.  Heidecke  approached  McKinley  and 
stated  that  he  had  lived  for  a  long  time  at  a  little  place  known  as  Detroit  within 
thirty  miles  o'f  Township  "11-7,"  and  that  he  had  heard  of  twelve  people  making 
proofs  to  homestead  claims  in  that  township;  also  that  he  was  informed  that 
McKinley  and  I  were  at  the  bottom  of  the  deal,  and  that  he  knew  very  well 
none  of  the  entrymen  had  been  on  their  claims,  nor  had  they  complied  with  the 
homestead  law  in  any  manner.  Heidecke  hinted  that  unless  he  could  get  some- 
thing out  of  it  he  would  report  the  matter  to  the  Commissioner  of  the  General 
Land  Office.  The  upshot  of  this  conversation  was  that  McKinley  settled  with 
Heidecke  by  paying  him  S50,  for  which  amount  he  agreed  to  keep  his  mouth  shut. 

However,  it  was  not  many  months  after  final  proofs  had  been  made,  be- 
fore "Lookout"  Tarpley  learned  through  Special  Agent  C.  E.  Loomis.  that  the 
latter  had  received  instructions  from  the  Commissioner  of  the  General  Land 
Office  to  make  a  thorough  examination  of  our  twelve  entries  in  Township  "11-7." 
charges  of  fraud  having  been  filed  against  them  by  somebody. 

Immediately  upon  learning  these  facts,  I  consulted  with  F.  Pierce  Mays, 
and  explained  to  him  the  entire  situation ;  how  these  lands  had  been  taken  up — 
twelve  claims  in  all,  explaining  further,  that  the  parties  interested  had  never  seen 
the  .lands  and  knew  nothing  about  them,  except  that  they  were  somewhere  in 
Township  "11-7."  and  that,  as  the  matter  stood  now.  McKinley  and  I  were  the 
sole  owners  of  the  entire  twelve  claims,  although  they  were  being  held  in  trust 
for  us  by  Mrs.  Emma  L.  Watson. 

After  listening  to  my  story.  Mays  advised  that  I  see  C.  E.  Loomis,  Special 
Agent  for  the  Oregon  City  Land  District,  suggesting  that  it  would  be  an  easy 
matter  to  "fix"  things  with  him.  He  said,  in  fact,  that  it  was  about  the  only 
thing  I  could  do. 

Thereupon  I  wrote  Loomis  at  Oregon  City,  stating  that  I  wished  to  see 
him,  and  he  called  upon  me  at  once  at  my  home  in  Portland,  when  I  advised  the 
Special  Agent  of  having  learned  that  he  had  been  instructed  by  the  Land  Depart- 
ment at  Washington  to  investigate  the  homestead  entries  in  "11-7,"  and  upon 
the  advice  of  my  attorney,  Mr.  Mays.  I  had  requested  this  conference,  as  I  was 
the  owner  of  all  twelve  clair 

Loomis  professed  to  be  well  acquainted  with  Mr.  Mays,  and  questioned 
me  rather  closely  regarding  the  entries.  I  told  him  that  I  knew  nothing  whatever 
about  any  improvements  or  residence,  but  that,  inasmuch  as  I  had  purchased 
the  claims  in  good  faith.  I  was  naturally  anxious  to  secure  the  patents  with  as- 
little  delay  as  possible,  especially  since  it  was  my  intention  to  use  them  as  base 
in  the  selection  of  other  lands.  I  protested  against  becoming  involved  with  the 
Government  on  account  of  any  controversy  over  the  titles,  and  suggested  that  he 
make  it  convenient  to  visit  the  claims  personally  at  the  earliest  date  possible,  and 
report  his  findings  to  headquarters  at  Washington  without  delay. 

I  Have  no  knowledge  of  Mr.  Loomis  having  seen  Mr.  Mays  before  calling 
on  me,  but  thought  at  the  time,  as  I  still  believe,  that  they  had  had  an  interview 
relative  to  the  subject,  as  Mr.  Loomis  lost  no  time  in  assuring  me  that  he  would 
do  everything  in  his  power  to  have  matters  adjusted,  and  he  expressed  the  opinion 
that  all  would  terminate  to  my  entire  satisfaction.  Thus  encouraged,  I  went  on 
to  explain  to  Loomis  that  the  trip  to  "11-7"  would  prove  an  arduous  one,  and 
quite  expensive,  and  as  I  wanted  to  secure  the  patents  immediately  I  would 
gladly  contribute  to  the  expense,  if  he  would  defer  action  on  all  other  business 

Page    52 


and  proceed  at  once  to  the  township  named.  Thereupon,  I  handed  Mr.  Loomis 
a  draft  in  the  sum  of  $500  and  informed  him  that,  upon  receipt  of  patents,  I 
would  give  him  a  similar  sum,  and  which  later  was  handed  to  Mr.  Loomis,  after 
the  patents  were  issued.  The  two  drafts  mentioned  were  purchased  at  the  Wells 
Fargo  Bank  of  Portland,  Oregon. 

Mr.  Loomis  then  assured  me  that  he  would  go  right  ahead  and  do  the 
best  he  could  by  me,  and  stated'  further,  that  he  had  no  doubt  as  to  his  ability 
to  make  a  favorable  report,  after  which,  he  said,  I  would  experience  little  difficulty 
in  securing  my  patents. 

After  coming  to  terms  with  Loomis,  I  then  wrote  to  J.  A.  W.  Heidecke 
requesting  him  to  meet  me  at  Albany,  Oregon,  on  Wednesday  of  that  week,  where 
I  wished  to  see  him  on  important  business.  On  the  date  indicated  I  went  to 
Albany  and  found  Mr.  Heidecke  awaiting  my  arrival,  and  we  proceeded  to  bus- 
iness immediately.  I  asked  him  if  he  was  much  acquainted  in  Township  "11-7," 
to  which  he  replied,  that  he  had  lived  in  Detroit  for  the  past  fifteen  years  and  was 
not  only  familiar  with  the  township  itself,  but  was  also  personally  acquainted 
with  every  homesteader  residing  therein,  and,  in  fact,  with  all  the  settlers  in  that 
part  of  the  country. 

It  was  amusing  to  me  to  find  Heidecke  so  apt  in  volunteering  information, 
and  particularly  with  reference  to  township  "11-7,"  when  he  stated  that  "he  was 
acquainted  with  every  homesteader  residing  therein."  His  antics,  in  endeavor- 
ing to  make  me  think  that  he  knew  all  these  bogus  entrymen,  especially  in  view 
of  the  fact  that  I  was  perfectly  well  aware  that  none  of  them  nad  ever  been 
within  100  miles  of  the  township,  furnished  one  of  the  most  comical  incidents 
in  my  experience  with  hirelings  of  his  calibre.  After  listening  to  Heidecke's  story, 
I  was  pleased  to  allow  him  to  continue  in  the  mind  that  he  knew  these  entrymen — 
that  I  was  thoroughly  satisfied  with  the  fact,  and  that  he  was  just  the  man  I 'was 
looking  for. 

I  then  informed  him  that  I  had  purchased  the  twelve  claims,  and  that, 
having  learned  that  Special  Agent  Loomis  would  soon  reach  Detroit,  on  a  tour 
of  inspection  of  the  improvements,  I  would  like  to  engage  him  to  accompany 
Mr.  Loomis  and  show  him  the  improvements  on  each  quarter  section.  I  then 
volunteered  the  statement  that  he  would  be  well  paid  for  his  trouble,  and  handed 
him  $10  to  cover  his  expenses  to  date,  in  coming  to  Albany,  and  an  additional 
$100  which  I  thought  ample  to  cover  expense  of  the  trip  to  the  mountains,  when 
Loomis  arrived. 

Heidecke  consented  to  make  the  trip,  and  promised  to  be  on  the  lookout 
for  the  special  agent.  He  stated  further,  that  he  would  conduct  Loomis  all  over 
township  "11-7,"  and  would  show  him  the  "cabins"  and  other  "improvements" 
on  the  twelve  claims,  and  in  addition,  agreed  to  introduce  the  Special  Agent 
to  several  residents  of  Detroit,  who  were  "personally  acquainted"  with  each 
homesteader. 

My  next  thought  was  for  Mr.  Loomis'  entertainment  and  comfort,  so  I 
instructed  Heidecke  to  have  a  saddle  horse  for  the  special  agent  to  ride,  in  addi- 
tion to  a  pack  animal,  as  Indian  trails  were  .the  only  available  routes  into  the 
region.  I  also  cautioned  him  to  take  along  plenty  of  good  things  to  eat  and 
drink,  particularly  emphasizing  the  latter  feature,  and  in  all,  to  take  the  very 
best  care  of  the  old  man,  with  a  view  to  having  him  make  a  favorable  report.  I 
impressed  on  Heidecke  that  much  depended  upon  him,  and  that,  if  he  succeeded 
in  showing  all  cabins,  improvements,  etc..  to  Loomis,  I  would  give  him  $250 
more,  for  his  extra  trouble,  as  I  put  it. 

It  was  part  of  the  game  to  keep  both  Loomis  and  Heidecke  in  ignorance 
of  any  monetary  consideration,  as  between  either  of  them  and  myself;  in  other 
words,  not  to  let  my  left  hand  know  what  my  right  was  doing  in  this  respect. 
I  aroused  Heidecke's  cupidity  when  I  told  him  about  the  prospects  of 
his  getting  an  additional  amount,  and  he  responded  joyously,  "Good;  just 
leave  it  to  me." 

Page  53 


Linn  County  Courthouse  at  Albany,  Oregon,  where  Puter  and  McKinley  operated 
extensively  through  Deputy  County  Clerk  Robt.  B.  Montague 


Heidecke  then  inquired  if  I  was  personally  acquainted  with  Binger  Her- 
mann, then  Commissioner  of  the  General  Land  Office. 

"I  certainly  am,"  I  replied. 

"Well,  do  you  think  you  have  enough  pull  with  him  to  secure  my  appoint- 
ment as  a  forest  ranger  ?"  Heidecke  asked. 

I  assured  him  that  I  had  and  would  see  that  he  was  appointed  as  soon 
as  I  returned  to  Washington,  remarking  further,  that  I  expected  to  go  there 
as  soon  as  Loomis  had  filed  his  report  concerning  these  lands. 

This  seemed  to  please  Heidecke  immensely,  and  he  kept  insisting  upon  my 
leaving  all  the  details  connected  with  taking  care  of  Loomis  to  him,  and  that 
my  interests  would  not  suffer  by  the  operation.  Heidecke  then  returned  to 
Detroit,  to  begin  preparations  for  the  reception  of  Special  Agent  Loomis.  There- 
upon I  wrote  the  latter  informing  him  of  the  arrangements  I  had  made  for 
Heidecke  to  meet  him  at  Detroit,  and  of  all  preparations  in  advance  of  his  coming 
for  the  proposed  trip. 

Some  two  or  three  weeks  later  I  met  Loomis  in  Portland,  when  he  in- 
formed me  of  having  just  returned  from  his  trip  to  Township  "11-7,"  advising 
me  that  he  had  made  a  careful  examination  of  the  alleged  improvements 
with  Heidecke,  whom  he  pronounced  very  much  of  a  gentleman,  rendering  him 
every  possible  assistance  in  his  work.  Dr.  Loomis  declared  that  they  had  found 
all  of  the  improvements  on  the  twelve  claims  in  question,  although  some  were  in 
a  dilapidated  condition,  on  account  of  the  heavy  snowfall  of  the  previous  winter, 
but  that  he  had  found  sufficient  evidence  of  habitation  to  justify  the  issuance  of 
patents.  He  announced  himself  as  satisfied  that  the  homesteaders  had  acted  in 
good  faith,  and  had  complied  with  the  law  to  the  best  of  their  ability,  and  that  he 
would  recommend  the  entries  to  patent. 

It  developed  afterwards  that  Heidecke  had  merely  taken  Loomis  along- 
some  well-defined  trails,  that  led  past  cabins  belonging  to  other  settlers  in  that 
part  of  the  country,  and  had  not  been  on  any  portion  of  the  suspended  claims 
with  him,  because  it  would  have  been  a  give  away  on  both  sides  to  have  done 
so,  and  for  the  further  reason,  that  they  would  necessarily  have  had  to  possess 
the  agility  of  a  goat  to  reach  any  of  my  claims,  as  they  were  practically 
inaccessible. 

In  speaking  of  the  incident  later  to  a  friend,  Heidecke  confided  that  "he 
fooled  the  old  man  in  great  shape ;"  that  after  showing  Loomis  a  certain  cabin, 
belonging  to  a  legitimate  settler,  in  another  township,  he  circled  around  for  about 
half  an  hour,  bringing  up  at  the  same  cabin,  but  viewing  it  from  the  rear, 
instead  of  the  front,  as  in  the  first  instance,  and  later  in  the  day,  finding  that 
he  was  running  short  of  cabins,  he  halted  Loomis,  for  yet  a  third  time,  at  the 
same  identical  cabin,  taking  the  precaution,  on  this  occasion,  to  view  it  from 
the  side.  Little  did  Heidecke  think,  in  his  anxiety  to  protect  my  interests,  that 
his  guest  on  that  occasion  was  only  too  glad  to  be  fooled. 

In  speaking  of  the  trip  to  me,  Loomis  stated  that  Heidecke  introduced 
him  to  a  number  of  residents  of  Detroit,  and  that  he  obtained  affidavits  from 
L.  Jacobs,  the  store-keeper,  and  other  citizens  of  the  place,  certifying  to  an 
acquaintance  with  all  twelve  homesteaders,  and  setting  forth,  in  substance,  how 
they  had  seen  them  a  number  of  times  during  the  past  eight  years,  as  they  went 
to  and  fro  to  their  claims,  together  with  other  testimony  of  material  value. 
It  has  always  been  a  mystery  to  me  how  he  ever  got  those  people  to  make  such 
affidavits  as  that,  unless  he  hypnotized  them,  as  there  was  not  one  word  of  truth 
in  anything  they  swore  to.  It  is  possible  that  Heidecke  might  have  been  smooth 
enough  to  make  the  affiants  think  they  had  seen  those  twelve  entrymen  up  there 
at  various  times,  but  it  could  only  have  been  accomplished  through  the  inspiration 
of  an  optical  delusion. 

Loomis  must  have  overdone  the  thing,  as  it  was  not  a  great  while  after 
he  sent  in  his  report  before  he  called  on  me  at  my  home  in  Portland  and  stated 
that  he  had  received  fresh  instructions  from  the  Commissioner  of  the  General 

Page    55 


Land  Office,  requesting  him  to  obtain  personal  affidavits  from  the  homesteaders, 
with  reference  to  their  improvements,  cultivation  and  residence  on  their  claims. 
Loomis  added  that,  inasmuch  as  he  was  acquainted  with  the  character  of  the 
improvements  on  the  claims,  and  knew  practically  what  was  required  in  the  nature 
of  affidavits  by  the  Department,  he  had  already  prepared  a  lot,  and  asked  me 
to  round  up  the  twelve  homesteaders  and  have  them  appear  before  him  for  the 
purpose  of  attesting  the  same. 

I  immediately  notified  Mrs.  Emma  L.  Watson,  Nellie  Backus,  Thos.  R. 
Wilson  and  Frank  H.  Walgamot,  whom  I  found  in  the  city,  what  would  be 
required  of  them,  and  at  the  same  time,  I  wired  to  San  Francisco  to  "Geo.  L. 
Pettis"  and  Maud  Witt,  to  come  to  Portland,  and  upon  their  arrival,  an  appoint- 
ment was  made  with  Dr.  Loomis  at  his  rooms  in  the  Imperial  Hotel,  where 
all  of  the  above-named  persons  met  and  signed  the  affidavits,  certifying  to  the 
improvements  of  the  other  six  entrymen  who  were  not  present,  some  of  whom, 
they  declared,  were  out  of  the  State,  while  others  were  out  of  the  United  States. 

Some  months  after  this,  "Lookout"  Tarpley  informed  me  that  he  had 
heard,  through  Merritt  Ormsby,  a  son  of  Captain  Salmon  B.  Ormsby, 
Superintendent  of  the  Cascade  Forest  Reserve,  that  the  Commissioner  of  the 
General  Land  Office  had  instructed  his  father  to  go  up  into  Township  "11-7'' 
and  make  an  examination  of  the  improvements  and  cultivation  of  these  twelve 
homesteaders,  and  to  ascertain,  through  affidavits  of  disinterested  persons  living 
near  by,  as  to  what  they  knew  of  the  homesteaders,  together  with  their 
improvements  and  residence  on  the  claims. 

As  I  was  not  acquainted  with  Capt.  Ormsby,  I  concluded  to  try  and  work 
the  old  man  through  his  son,  Merritt,  so  I  had  Mrs.  Emma  L.  Watson  go  to 
the  Wells  Fargo  Bank  of  Portland,  purchase  a  draft  in  the  sum  of  $500, 
and  indorse  it  to  the  order  of  Merritt  Ormsby.  I  then  went  up  to  Salem  and 
had  a  talk  with  the  young  man,  telling  him  that  if  he  could  induce  his  father 
to  go  at  once  into  Township  "11-7,"  and  make  an  examination  of  those  twelve 
homestead  claims  and  return  a  favorable  report  thereon,  that  I  would  pay  him 
$500  as  soon  as  the  patents  issued.  At  the  same  time,  I  flashed  the  $500  draft  in 
full  view,  and  told  him  that  I  would  put  it  up  in  escrow,  if  he  so  desired.  He 
promised  to  see  his  father  right  away,  and  the  next  day  informed  me  he  had  had 
a  talk  with  the  old  gentleman,  who  had  consented  to  go  on  the  trip  without  delay. 

During  my  interview  with  young  Ormsby,  I  impressed  upon  him  the 
advisability  of  having  his  father  correspond  with  Special  Agent  Loomis,  with 
a  view  of  meeting  the  latter  before  making  the  trip  to  "11-7,"  and  in  case  he 
could  not  meet  Dr.  Loomis  personally,  to  have  his  father  endeavor  to  secure  a 
copy  of  the  Loomis  report  to  the  Commissioner,  bearing  upon  the  subject  of 
these  homestead  entries,  and  which  report,  he  had  but  recently  forwarded  to 
Washington,  as  I  believed  it  would  be  of  great  benefit  to  his  father,  in  view  of  the 
fact  that  Dr.  Loomis  had  made  a  personal  and  thorough  examination  of  the 
twelve  claims  prior  to  making  his  report. 

I  then  sent  "Lookout"  Tarpley  with  Captain  Ormsby  to  Detroit,  and  posted 
Tarpley,  before  leaving,  in  regard  to  Loomis'  report  and  of  Heidecke's  connection 
therewith,  instructing  him  to  have  the  latter  do  about  the  same  for  Ormsby  as 
he  had  done  for  Loomis,  at  the  same  time,  handing  Tarpley  sufficient  funds  to 
entertain  Ormsby  in  a  befitting  manner,  settle  the  bills  in  general,  and  in  addition, 
in  view  of  the  fact  that  the  severe  winter  storms  were  probably  wearing  heavily 
on  my  old  friend  Heidecke,  and  believing  that  he  would  appreciate  a  little 
remembrance,  I  handed  him  a  bill  of  respectable  denomination  to  be  given  the 
erstwhile  mountaineer. 

Upon  arriving  at  Detroit,  Tarpley  lost  no  time  in  advising  Heidecke  of 
the  situation,  at  the  same  time  presenting  to  him  the  greenback  I  had  entrusted 
to  his  care  for  that  purpose.  The  result  was,  the  necessary  affidavits  were 
obtained  from  the  different  so-called  disinterested  persons,  living  in  and  about 
Detroit,  in  regard  to  the  residence  and  improvements  of  the  twelve  alleged 

Page    57 


homesteaders,  and  which  affidavits  Heidecke  procured  in  short  order.  At 
this  time  it  was  about  the  middle  of  January,  1902,  and  the  snow  was 
at  least  six  feet  deep  over  the  entire  township.  Notwithstanding  this  fact. 
Captain  Ormsby,  accompanied  by  Heidecke,  started  for  Township  11-7,  while 
Tarpley,  believing  that  his  mission  had  been  fulfilled,  returned  to  civilization, 
after  remaining  out  one  night  with  Ormsby  during  the  "inspection." 

Some  two  or  three  weeks  later  I  met  young  Ormsby-»in  Salem,  and  was 
informed  by  him  that  his  father  had  made  out  his  report  and  had  forwarded  the 
same  to  Washington;  also  that  he  had  seen  Special  Agent  Loomis  before  doing 
so,  and  as  near  as  he  could  find  out,  the  report  would  be  favorable. 

It  developed  later  that  Heidecke  had  failed  10  carry  out  his  part  of  the 
programme,  whether  because  he  realized  that  he  had  gone  too  far  already  in  the 
matter  of  his  connection  with  the  Loomis  report,  or  because  of  the  insufficiency  of 
the  amount  sent  to  him  to  play  the  same  part  over  again  in  the  handling  of  Orms- 
by, I  have  never  been  able  to  determine.  I  do  know,  however,  that  Heidecke  had 
no  sooner  started  on  the  trip  with  Ormsby  toward  the  mountains,  when  he  wa> 
seized  with  a  severe  attack  of  the  "cold  feet"  complaint  and  turned  about  for 
home,  at  the  same  time,  informing  Forest  Superintendent  Ormsby  that  there 
wasn't  a  cabin  anywere  to  be  found  up  there ;  that  he  had  made  the  trip  with 
Special  Agent  Loomis  some  time  before,  and  that  it  could  serve  no  good  purpose 
to  do  the  same  thing  over  again.  Just  how  Ormsby  and  Heidecke  patched  up 
matters  between  them,  I  have  never  been  able  to  learn,  but  of  one  thing  I  am 
certain,  Heidecke  signed  affidavits  for  Ormsby,  testifying  as  to  the  cabins  and 
improvements  on  the  claims  of  the  so-called  homesteaders,  all  of  which  Ormsby 
accepted  and  forwarded  to  Washington,  notwithstanding  Heidecke's  personal 
statement  to  him  that  the  cabins  and  improvements  never  existed. 

Inasmuch  as  I  was  unable  to  learn  definitely  as  to  the  character  of  Forest 
Superintendent  Ormsby's  report,  further  than  the  information  volunteered  by 
young  Ormsby,  and  which  was  only  an  opinion,  I  concluded  to  call  on  my  old 
friend  Mays  once  more,  advise  him  of  the  status  of  affairs  and  learn  what  he 
had  to  say  about  the  matter :  so,  after  relating  to  him  all  the  circumstances, 
including  the  various  transactions  wherein  offers  of  money  had  been  made,  as 
well  as  paid,  to  those  standing  in  the  way  of  patents,  particularly  calling 
his  attention  to  the  Ormsby  obligation  of  $500,  Mays  said  that  it  would  be  a 
good  plan  for  me  to  go  back  to  Washington  and  see  Senator  John  H.  Mitchell, 
and  get  him  to  help  me  out.  He  also  suggested,  because  of  the  claims  being 
in  the  name  of  Mrs.  Watson,  that  it  would  be  well  to  have  her  go  to  Washington 
also,  as  the  Senator,  if  it  could  be  made  to  appear  that  Mrs.  Watson  was 
suffering  on  account  of  the  delay,  would  probably  exert  himself  more  on  her 
account  than  he  would  be  disposed  to  do  in  the  case  of  a  man.  Mays  remarking 
at  the  time,  "a  woman's  influence,  you  know,  is  always  supreme." 

I  told  Mays  that  I  thought  his  suggestion  a  good  one,  and  stated  that  I 
would  communicate  with  Mrs.  Watson  immediatey,  wrhich  I  did,  addressing  her 
at  Los  Angeles,  California,  and  urging  that  it  would  be  necessary  for  her  to  go 
on  to  Washington  and  requesting  that  she  advise  me  if  this  would  be  agreeable 
to  her  and  if  so,  when  she  could  make  the  trip.  Upon  receiving  a  reply,  in 
which  Mrs.  Watson  told  me  that  she  would  go  to  Washington  and  would 
probably  arrive  there  about  March  1st,  I  called  on  Mays  again,  informed  him  of 
Mrs.  Watson's  disposition  in  the  matter,  and  asked  him  for  a  letter  to  Senator 
Mitchell  and  to  make  it  good  and  strong,  telling  the  Senator  how  important  it 
was  that  the  patents  issue  without  delay,  and  that  I  would  certainly  make  it 
all  right  with  him. 

Mays  agreed  to  comply  with  my  request,  so  I  purchased  a  ticket,  called 
again  at  Mays'  office,  for  the  letter,  and  on  the  following  day  started  for 
Washington,  D.  C. 

Arriving  at  the  Capitol  city,  about  February  28th,  1902.  I  went  direct  to 
the  Dewey  Hotel  and  called  upon  Senator  Mitchell,  delivering  the  letter  which 

Page    58 


"Bearing  Tree"  in  11-7 

had  been  given  me  by  Mays.  After  the  Senator  read  Mays'  letter  and  heard 
what  I  had  to  say,  he  stated  that  he  would  be  very  busy  that  day,  but  for  me  to 
come  around  the  next  morning  at  9:30,  and  he  would  see  what  could  be  done. 
Promptly  at  the  time  appointed,  I  called  at  the  Senator's  rooms,  and  went  into 
all  the  details  about  the  twelve  claims,  insofar  as  it  might  appear  as  a  legitimate 
transaction,  telling  him  that  if  he  could  devote  a  little  of  his  valuable  time  to  my 
case,  and  secure  for  me  the  issuance  of  patents,  I  would  pay  him  well  for  his 
trouble.  The  Senator  evinced  a  willingness  to  do  all  he  could  for  me.  We  then 
took  a  carriage  and  drove  up  to  the  Land  Department  for  the  purpose  of  seeing 
Commissioner  Binger  Hermann,  and  after  exchanging  greetings  all  around,  the 
Senator  asked  Mr.  Hermann  for  the  status  of  the  twelve  claims. 

Commissioner  Hermann  accompanied  us  to  Division  "C,"  where  we  learned 
that  it  would  be  necessary  to  go  to  Division  "P,"  so  we  took  the  elevator  to  one 
of  the  floors  above  and  proceeded  to  the  division  in  question,  where  Mr.  Hermann 
asked  one  of  the  clerks  for  a  status  of  the  entries,  at  the  same  time  handing  him 
a  list  of  the  same.  As  the  information  could  not  be  procured  forthwith,  the 
Commissioner  instructed  his  clerk  to  bring  it  to  his  office,  whereupon  Senator 
Mitchell  proceeded  to  the  Senate  Chambers  and  I  returned  with  Mr.  Hermann 
to  his  office  to  await  the  clerk's  report. 

About  fifteen  minutes  later,  the  clerk  appeared  and  handed  to  Commissioner 
Hermann  the  status  of  the  entries,  stating  that  the  reports  had  all  been  received, 
that  of  Superintendent  Ormsby  having  just  arrived,  and  that  they  were  all 

Page    59 


favorable,  but  that  it  would  be  several  months  before  they  could  be  acted  upon, 
as  they  would  have  to  come  up  in  their  regular  order. 

I  tfcen  asked  the  Commissioner  if  it  would  be  possible  to  have  the  claims 
made  special,  to  which  he  replied  that  this  could  be  done,  provided,  however,  that 
I  could  show  good  cause  why  such  action  should  be  taken. 

As  I  could  not  think  of  any  "good  cause"  why  my  claims  should  be  made 
special,  I  hesitated  to  make  reply  and  evidently  looked  perplexed,  as  Mr.  Hermann 
came  to  my  rescue  with  the  suggestion  that  I  think  the  matter  over  and  see 
Senator  Mitchell  again,  whom  he  had  no  doubt  could  prepare  an  affidavit  for  me 
that  would  be  acceptable  to  the  Department. 

Acting  upon  the  advice  of  the  Commissioner,  I  called  upon  Senator  Mitchell 
again  that  evening  and  informed  him  of  the  status  of  the  entries ;  how  all  reports 
received  had  been  favorable,  but  that,  inasmuch  as  Superintendent  Ormsby's 
report  had  been  received  but  a  few  days  ago,  it  would  probably  be  several 
months  before  the  Department  could  act,  unless  they  were  made  special.  I  then 
informed  the  Senator  of  Mr.  Hermann's  suggestion  that  I  see  him.  and  have 
an  affidavit  prepared  setting  forth  the  facts  and  showing  cause  why  the  patents 
should  be  expedited. 

The  Senator  then  asked  me  if  I  could  present  any  good  reasons  why  my 
claims  should  be  made  special,  and  which  would  warrant  the  expediting  of  the 
patents.  I  replied  that  I  did  not  know  exactly  what  was  required ;  that  my 
anxiety  concerning  the  patents  arose  from  the  fact  that  I  had  bought  the  claims 
one  year  previously,  and  that  they  were  now  standing  in  the  name  of  Mrs.  Emma 
L.  Watson,  a  widow,  who  had  considerable  money  involved  in  the  transaction, 
and  was  anxious  to  get  it  out ;  also,  that  under  the  present  situation  of  the  title. 
I  could  not  dispose  of  the  land,  or  borrow  any  money  thereon.  I  then  handed 
the  Senator  the  abstract  of  title,  showing  the  claims  to  be  in  Mrs.  \Yatson's 
name.  After  reading  it  over,  he  asked  me  where  she  was,  and  I  replied  that  she 
was  on  her  way  to  Washington  City  and  was  due  to  arrive  at  any  moment. 

The  Senator  then  informed  me  that  it  would  be  necessary  for  Mrs.  Watson 
to  make  an  affidavit,  setting  forth  some  good  reason  why  the  patents  should  be 
expedited.  This,  he  stated,  he  could  prepare  for  her  in  advance,  as  I  was 
probably  familiar  with  the  facts  and  could  aid  him  in  the  preparation  of  a  list 
of  questions  that  would  cover  the  ground.  I  informed  the  Senator  that  I 
believed  this  possible,  so  he  then  asked  me  several  questions  relative  to  Mr?. 
\\  atson's  need  of  the  money  that  was  involved  in  the  entries,  and  if  there  was 
any  danger  of  her  suffering  financial  loss  on  account  of  delay.  I  replied  that  she 
had  mortgaged  some  property  in  Seattle  in  order  to  get  the  money  to  put  into 
these  lands;  that  the  mortgage  was  past  due,  and  that  she  was  hard  pressed 
for  the  money. 

Senator  Mitchell  assured  me,  under  these  circumstances,  that  Mrs.  Watson 
could  make  an  affidavit  sufficiently  strong  to  secure  the  expediting  of  the  patents, 
and  that  he  would  prepare  one  in  the  meantime  and  have  everything  in  readiness 
when  she  arrived. 

Upon  Mrs.  Watson's  arrival,  March  3rd,  or  two  days  after  my  conversation 
with  Senator  Mitchell  relative  to  the  affidavit.  I  escorted  her  to  the  Senator's 
rooms  at  the  Dewey  Hotel  and  introduced  them.  The  Senator  received  her  very 
graciously,  and  a  few  moments  later  handed  her  the  affidavit,  which  was  in 
typewritten  form,  remarking  that  if  she  found  it  to  be  satisfactory,  it  would  be 
necessary  for  her  to  sign  and  acknowledge  the  same.  Upon  her  expressing  some 
doubts  relative  to  the  contents  of  the  document,  Senator  Mitchell  asked  her  if  I 
had  not  explained  its  nature,  and  she  replied  in  the  negative,  stating  that 
she  had  just  arrived  in  the  city  and  had  not  had  an  opportunity  to  talk  the 
matter  over  with  me,  but  admitting,  however,  that  I  was  attending  to  the  de- 
tails for  her. 

"But,  Senator,  if  you  and  Mr.  Puter  say  it  is  all  right  for  me  to  sign  it, 
I  will  do  so,"  she  added. 

Page  60 


Senator  Mitchell  then  explained  that  the  affidavit  was  prepared  for  the 
purpose  of  showing  her  interest  in  the  lands,  as  a  basis  for  having  the  patents 
expedited.  We  then  took  a  carriage  and  drove  to  the  Commissioner's  office, 
where  Mrs.  Watson  was  introduced  to  Mr.  Hermann  by  the  Senator,  the  latter 
explaining  to  the  Commissioner  how  Mrs.  Watson  had  come  all  the  way  from 
the  Coast,  in  order  to  try  to  secure  patents  to  her  lands,  and  mentioned  the  fact 
that  he  had  prepared  affidavits  for  the  purpose  of  showing  why  the  claims  should 
be  expedited,  and  which  he  would  send  to  the  Department  immediately. 

Mrs.  Watson,  the  Senator  and  myself  then  drove  up  to  the  United  States 
Senate  Chamber,  where  we  were  introduced  to  a  notary  public,  who  took  Mrs. 
Watson's  acknowledgment,  and  also  that  of  my  own  to  an  affidavit  similar  in 
effect  to  that  made  by  Mrs.  Watson. 

While  in  the  carriage  on  the  way  to  the  Senate  Chamber,  Senator  Mitchell 
advised  Mrs.  Watson  that  it  would  be  a  good  idea  for  her  to  call  around  and  see 
the  Commissioner  quite  often,  as  it  would  help  her  out  by  getting  acquainted  with 
him  in  this  way  and  it  might  also  tend  to  stir  him  up.  He  said  that  she  would 
find  Mr.  Hermann  a  very  agreeable  man  to  talk  with,  and  that  he  would  take  an 
interest  in  her  case. 

Mrs.  Watson  took  the  hint  and  made  a  practice  of  calling  frequently  upon 
Mr.  Hermann,  and  he  would  invariably  request  some  clerk  to  let  him  know 
how  matters  were  progressing  with  regard  to  certain  claims  about  which  he  had 
given  instructions,  and  upon  receipt  of  the  information,  Mr.  Hermann  would 
advise  Mrs.  Watson  as  to  the  progress  being  made,  explaining  to  her  on  the 
occasion  of  each  visit,  that  the  work  involved  was  of  considerable  magnitude, 
and  that  much  time  was  required  in  its  execution,  thus  soothing  whatever  anxiety 
she  might  have  entertained  in  this  direction. 

Within  four  or  five  days  after  Mrs.  Watson's  first  call  on  the  Commissioner, 
I  decided  to  pay  him  a  visit  personally,  and  upon  arriving  at  his  office,  Mr. 
Hermann  picked  up  a  document  from  his  table,  remarking  as  he  held  it  in  his 
hand,  that  he  had  received  it  but  a  few  minutes  before  from  Division  "P,"  and 
which  document,  as  Mr.  Hermann  explained,  contained  a  full  report  of  the 
findings  of  said  division,  the  result  of  which  knocked  us  out  completely  on  the 
twelve  claims  at  issue. 

This  was  a  body  blow  which  well  nigh  took  my  breath,  but  recovering  my 
composure,  I  said :  "Mr.  Hermann,  what  am  I  to  do  ?" 

To  which  he  replied  in  substance :  "Now  Puter,  can't  you  return  to 
Oregon,  round  these  people  up  again,  and  secure  proofs  sufficient  to  warrant  the 
issuance  of  these  patents?" 

Mr.  Hermann's  demeanor  throughout,  after  stating  that  we  had  been 
knocked  out  completely,  was  such  as  to  inspire  me  with  hope,  that,  if  certain 
conditions  were  complied  with,  the  patents  could  be  pulled  out.  Not  stopping 
to  ask  what  these  conditions  were,  or  making  further  inquiry  into  the  contents 
of  the  document  which  Mr.  Hermann  held  in  his  hand,  I  cut  the  conversation 
short  by  asking  that  he,  as  a  personal  favor,  would  defer  further  action  on  those 
claims  until  I  could  have  a  talk  with  Senator  Mitchell,  which  request  the 
Commissioner  readily  granted,  assuring  me  that  ample  time  would  be  extended 
for  that  purpose.  Thereupon  I  went  up  to  the  Senate  Chamber  and  waited  for 
the  Senator  to  come  out. 

When  Senator  Mitchell  appeared,  I  took  him  to  his  hotel  in  a  carriage, 
and  in  the  course  of  the  interview  that  followed,  I  told  him  exactly  what  Mr. 
Hermann  had  said.  The  Senator  expressed  his  regrets  at  the  turn  of  affairs, 
stating  that  he  did  not  expect  anything  of  the  sort.  After  thinking  the  matter 
over  for  a  few  moments,  he  asked  me  if  I  did  not  think  it  best  to  follow  Mr. 
Hermann's  suggestion,  and  return  to  Oregon,  where  additional  proofs  might  be 
secured. 

I  replied  that  it  was  simply  out  of  the  question — that  the  entrymen,  after 
making  final  proof,  had  scattered  to  the  four  winds,  some  of  them  going  to 

Page    61 


Binger  Hermann,  Ex -Commissioner  of  the  General  Land  Office 
under  indictment  in  numerous  land  fraud  cases 


Alaska,  some  to  Manila,  and  others  to  distant  lands,  and  that  it  would  be  an 
utter  impossibility  to  get  them  together  again  on  a  measure  of  that  sort;  also  that 
those  remaining  in  Oregon  would  attempt  to  hold  me  up  for  more  than  the  land 
was  worth,  should  I  ask  them  to  do  anything  more  to  perfect  their  titles.  It 
was  my  sole  purpose,  at  that  particular  moment,  to  close  the  deal,  once  and  for 
all,  and  I  was  not  to  be  put  off,  and  I  had  no  hesitancy  in  telling  the  Senator 
that,  so  far  as  the  original  entrymen  were  concerned,  they  had  fulfilled  their 
obligations  to  the  letter,  and  that  it  was  up  to  me  to  secure  patents  to  the  lands 
which  I  had  bought  and  paid  for.  This,  as  I  explained,  could  not  be  accomplished 
in  Oregon — the  City  of  Washington  was  the  place — that  I  was  on  the  ground  with 
but  one  object,  and  that,  as  he  well  knew,  was  to  secure  title  to  those  claims. 

I  went  on  to  explain  that  I  had  considerable  money  tied  up  in  the  claims 
already,  and  that,  unless  he  cou|d  pull  the  patents  out  for  me,  and  at  once,  I 
would  be  put  to  considerable  financial  loss. 

"Senator,"  I  said,  vehemently,  "I  want  you  to  go  over  and  see  Mr. 
Hermann  yourself,  and  try  to  get  him  to  reconsider  his  action.  I  fail  to  perceive 
any  reason  why  those  patents  should  not  issue." 

The  Senator,  at  this  point,  proceeded  to  assure  me  that  he  would  see 
Commissioner  Hermann  at  the  earliest  possible  date,  and  would  devote  as  much 
time  to  my  interests  as  he  possibly  could,  consistent  with  the  many  demands  made 
upon  him,  in  performance  of  the  everyday  routine  of  business. 

"Now,  Senator,"  said  I,  "delays  are  dangerous,  and  besides,  I  have  other 
matters  which  demand  immediate  attention.  Already  I  have  something  like 
$8,000  tied  up  in  these  lands,  and  I  cannot  afford  to  lose  that  amount.  The 
truth  is,  Senator,"  I  continued,  "I  stand  ready  to  put  up  the  last  dollar  that  I 
expect  to  receive  for  those  lands,"  and  pulling  two  $1,000  bills  out  of  my  pocket, 
I  placed  them  on  the  table  in  front  of  the  Senator,  with  the  remark  that  I 
considered  his  services  well  worth  that  amount,  and  insisted  that  he  accept  them 
and  represent  me,  to  the  end  that  patents  issue  without  further  delay.  I  explained 
further,  that  with  this  expenditure,  I  would  just  about  come  out  even  on  the 
deal,  and  that,  as  I  fully  realized  his  ability  to  represent  me  in  the  matter,  I  was 
only  too  glad  to  pay  him  this  money  for  his  services. 

The  Senator  raised  his  hand  in  gentle  protest,  saying:  "No,  no,  Mr. 
Puter,  I  cannot  think  of  allowing  you  to  pay  that  sum  of  money  to  me." 

"That  does  not  make  any  difference,"  I  answered,  "you  must  take  it, 
Senator,  for  I  have  already  occupied  a  lot  of  your  time  and  I  know  full  well,  if 
you  will  go  over  the  whole  ground  with  Mr.  Hermann,  you  will  convince  him  that 
those  patents  ought  to  issue  immediately." 

I  then  reviewed  the  entire  case  with  Senator  Mitchell;  how  C.  E.  Loomis,' 
the  Special  Agent,  had  made  a  thorough  examination  of  the  claims,  relative  to 
improvements  and  cultivation  thereon,  and  had  recommended  the  issuance  of 
patents,  in  view  of  his  investigations ;  also  how  he  had  secured  affidavits  from 
various  persons  residing  in  the  neighborhood,  all  of  whom  certified  to  the  good 
faith  of  the  entrymen.  I  likewise  cited  the  fact  of  Captain  Ormsby,  Superintendent 
of  the  Cascade  Forest  Reserve,  having  gone  there  and  of  his  making  a  supple- 
mental report,  covering  practically  the  same  ground. 

After  listening  to  these  arguments,  the  Senator  said:  "Mr.  Puter,  you 
cannot  afford  to  pay  me  such  an  amount  as  this,"  at  the  same  time,  picking  up  one 
of  the  bills  and  pushing  the  other  in  my  direction. 

I  tossed  the  bill  back  across  the  table  to  him  and  replied :  "Senator,  I 
insist  on  your  taking  this  money ;  your  services  are  well  worth  it  in  this  case,  and 
if  you  will  only  spare  the  time  to  go  over  the  homestead  proofs  with  Commissioner 
Hermann,  together  with  the  reports  of  Special  Agent  Loomis,  and  Forest 
Superintendent  Ormsby,  you  will  convince  him  that  patents  to  those  twelve  claims 
should  be  issued  without  delay.  I  am  satisfied  that  Mr.  Hermann  does  not 
want  to  turn  those  entries  down;  I  could  see  from  his  conversation  and  manner 
toward  me  that  he  stood  ready  to  assist  in  every  way  possible,  and  am  confident. 

Page    63 


Daniel  W.  Tarpley,  convicted  with  Puter  and  others  in  the  11-7  case 
(Familiarly  known  as  "Lookout  Dan") 


if  you  will  give  him  a  personal  talk  that  all  will  be  well  with  me."  The  Senator 
then  accompanied  me  to  the  door,  and  placing  his  hand  upon  my  shoulder,  said : 
"Mr.  Puter,  I  will  call  on  Mr.  Hermann  immediately  after  dinner  this  evening,  and 
if  you  will  call  on  me  tomorrow,  I  will  report  the  result  of  our  interview." 

At  nine  o'clock  next  morning  I  called  on  the  Senator  at  his  rooms  in  the 
Dewey  Hotel,  at  which  time  he  informed  me  of  having  called  on  Commissioner 
Hermann  on  the  evening  before ;  of  having  gone  over  the  ground  with  him,  insofar 
as  Mrs.  Watson's  pressing  need  of  money  was  concerned;  also  laying  before  him 
the  fact  of  my  close  personal  friendship  with  Mr.  Mays,  of  Portland,  and  in 
addition,  the  Senator  added,  "I  told  him  how  I  felt  about  the  whole  matter  and 
advised  that  he  do  something  for  you  without  further  delay.  Commissioner 
Hermann,"  continued  the  Senator,  "then  mentioned  having  known  you  for  a 
long  time,  and  when  he  expressed  himself  as  feeling  kindly  toward  you  I  lost  no 
time  in  'fixing'  things  up  with  him,  and  I  feel  confident  that  you  will  experience 
little  or  no  further  difficulty." 

The  Senator  then  suggested  that  I  call  around  and  see  Mr.  Hermann  that 
afternoon  or  the  following  morning  and  that  he  would  probably  have  something 
definite  for  me  at  that  time. 

About  2  o'clock,  while  on  my  way  to  the  Land  Department,  I  met  Mr. 
Hermann,  who  informed  me  that  the  Senator  had  been  up  to  see  him  and  that 
they  had  talked  matters  over  relative  to  my  twelve  claims,  and  that  it  was  his 
purpose  to  take  the  matter  up  personally  and,  if  within  his  power,  he  would 
have  the  patents  issued. 

I  did  not  find  it  convenient  to  call  on  Senator  Mitchell  again  that  evening, 
but  paid  him  a  visit  on  the  day  following,  when  I  proceeded  to  inform  the  Senator 
that  I  had  met  Mr.  Hermann  on  the  afternoon  of  the  day  before  and  that  he  had 
promised  to  take  the  matter  of  my  patents  up  personally. 

"It  is  evident,  Mr.  Puter,  that  I  have  seen  Mr.  Hermann  since  you  talked 
with  him  last,"  broke  in  Senator  Mitchell,  "as  he  told  me  last  evening  that  he 
found  everything  all  right  and  had  decided  to  issue  the  patents." 

This  was  good  news  to  me,  so  I  repaired  at  once  to  the  Commissioner's 
office,  and  was  told  by  Mr.  Hermann  that  he  had  ordered  the  patents  issued  and 
that  I  would  get  them  in  a  few  days. 

Two  or  three  days  later,  I  called  again  on  the  Commissioner  to  make  sure 
of  the  ground,  and  Mr.  Hermann  sent  one  of  his  clerks  down  into  the  basement 
with  me,  where  we  found  a  female  clerk,  whose  business,  I  was  given  to  under- 
stand, was  to  write  up  the  patents,  and  I  ascertained  that  she  was  working  on 
those  of  mine,  much  to  my  satisfaction  and  relief,  for  now,  at  last,  the  long  chase 
was  indeed  drawing  to  a  close. 

'  I  then  returned  to  the  Dewey  Hotel  and  informed  Senator  Mitchell  that 
everything  was  all  right,  as  I  had  seen  several  of  my  patents  made  out,  and  that 
the  others  would  be  forthcoming  immediately,  so  I  bade  him  goodby  and  returned 
to  Portland,  Oregon,  via  California,  and  when  I  arrived  in  Portland,  the  entire 
twelve  patents  were  awaiting  me. 

Calling  on  F.  Pierce  Mays  immediately  on  my  return,  I  gave  him  a  complete 
history  of  my  experience  in  Washington ;  how  I  had  "backed  and  filled" — lost  and 
won — only  to  lose  again,  and  how,  in  my  last  desperate  effort,  as  it  were,  I  planked 
down  a  cold  two  thousand,  and,  in  the  immortal  words  of  the  Yankee  trader 
who  said,  "Money  talks,"  I  managed  to  come  off  victorious,  though  I  was  forced 
to  admit,  without  having  added  materially  to  my  bank  account. 

After  finishing  my  story,  I  thought  that  Mays  would  have  a  fit,  right 
there  and  then. 

;"Two  thousand  dollars — two  thousand  dollars,"  he  repeated,  "why,  man, 
what  were  you  thinking  about?" 

"Had  to  be  done,"  said  I,  "it  was  a  case  of  come  through  or  lose  every- 
thing." 

Page    65 


To  say  that  Mays  was  angry  with  me  would  be  expressing  it  mildly.  He 
said  that  those  people  in  Washington  would  think  I  was  made  of  money  and 
would  eagerly  await  my  return  visit. 

"Yes,  sir,"  said  he,  "you  have  ruined  the  game,  Puter,  and  from  this  time 
on,  it  will  be  a  case  of  'money  talks'  or  no  business,  whereas,  heretofore,  we  could 
get  most  anything  asked  for  at  comparatively  little  expense." 

Mays  thought  that  S500  was  a  great  plenty  for  the,  work  involved,  and 
upbraided  me  severely  for  having  paid  a  cent  more. 

Having  escaped  from  Mays'  office,  the  question  arose  as  to  which  of 
my  experiences  was  the  most  exciting.  In  Washington,  I  was  in  danger  of 
becoming  a  bankrupt  and  losing  my  credit;  while  upon  my  return  home,  it 
appeared,  for  the  moment,  that  my  very  life  was  in  jeopardy. 

My  first  thought  was  to  leave  the  country,  but  as  I  had  gone  to  the 
trouble  and  expense  to  secure  patents  to  those  lands,  I  decided  to  stop  off  at 
Albany,  Oregon,  where  I  had  the  patents  recorded  and  obtained  an  abstract  of 
title.  I  then  mustered  up  sufficient  courage  to  return  to  Portland,  where  I 
called  on  Frederick  A.  Kribs,  the  financial  agent  of  C.  A.  Smith,  the  millionaire 
lumberman  of  Minneapolis,  Minn.,  mention  of  whom  has  been  made  in  a  former 
chapter.  I  informed  Mr.  Kribs  that  patents  had  been  issued  to  the  twelve  claims 
in  Township  "11-7"  and  that,  as  I  had  agreed  to  sell  them  to  him  upon  receipt 
of  patents,  I  asked  as  to  his  disposition  in  the  matter  at  this  time. 

Mr.  Kribs  was  glad  to  learn  that  the  title  had  been  made  clear,  as  he  had 
an  opportunity  to  select  twelve  quarter  claims  of  extra  fine  timber  land  in  lieu 
thereof. 

As  Mr.  Kribs  wanted  to  secure  transfer  of  the  property  immediately, 
I  had  him  make  out  a  deed,  which  I  presented  to  Mrs.  Watson  upon  her  return 
from  the  East,  and  had  her  appear  before  a  notary  public  to  acknowledge  the 
same,  transferring  the  property  to  Kribs,  after  which  Mrs.  Watson  returned  the 
deed  to  me,  and  I  called  on  Mr.  Kribs  again,  turning  over  the  deed  and  abstract 
of  title  to  him,  and  receiving  in  return,  a  check  made  payable  to  Emma  L.  Watson 
in  the  sum  of  $10,080,  which  was  at  the  rate  of  $5.25  per  acre.  The  check  in 
question  was  delivered  to  Mrs.  Watson  by  me  and  deposited  by  her  to  her  personal 
account,  at  which  time  she  deducted  the  amounts  advanced  toward  the  purchasing 
of  the  claims,  together  with  the  amount  she  was  to  receive  for  her  personal 
claim,  and  handed  me  a  check  for  the  balance. 


"T.  A."  Ranch 

on  Crazy 

Woman  Creek 

Wyoming 

where  the  Cattle 

Rustlers'  War 

terminated 

in  1892 


Page    66 


Chapter  V 


Emboldened  by  their  success  in  the  "  u-f  deal,  Puter  and  McKinley  seek  new 
worlds  'to  conquer,  and  are  retvarded  by  making  a  rich  haul  in  Township 
"24-1" — McKinley  plays  an  interesting  hold-up  game  ivith  Clyde  Lloyd 
in  the  transaction,  his  careless  methods  resulting. in  laying  the  foundation 
for  subsequent  Governmental  prosecutions — The  irrepressible  Franklin 
Pierce  Mays  also  takes  a  hand  in  the  game  upon  a  percentage  basis,  and 
poor  Hobson  is  left  with  his  usual  choice. 

DURING  April  or  May,  1901,  McKinley  and  I  discovered  that  Township  24 
South,  Range  1  East,  Willamette  Meridian,  had  been  surveyed  and  become 
subject  to  entry,  and  as  the  township  was  located  within  the  range  of  the 
Cascade  Forest  Reserve,  and  was  practically  in  the  same  condition  as  "11-7" 
when  we  located  the  twelve  claims  there,  and  being  emboldened  because  of  our 
success  in  the  latter  township,  we  concluded  to  try  our  luck  again  in  locating 
some  more  homesteaders,  in  the  same  manner  pursued  in  "11-7,"  with  the  object 
of  acquiring  the  basis  upon  which  to  make  other  selections. 

Up  to  this  time,  be  it  known,  we  had  experienced  no  difficulty  in  the  matter 
of  our  operations  in  Township  "11-7;"  the  claims  having  been  acquired,  final 
proofs  made,  and  deeds  transferring  the  lands  to  Mrs.  Emma  L.  Watson  having 
been  executed,  without  the  slightest  intimation  of  impending  trouble.  It  only 
remained,  therefore,  from  outward  appearance,  to  await  the  issue  of  patents,  at 
which  time  the  base  in  question  could  be  relinquished  to  the  Government  and 
other  lands  selected  in  lieu  thereof. 

As  Township  24  South,  Range  1  East,  was  situated  on  the  headwaters  of 
the  Middle  Fork  of  the  Willamette  river,  and  at  an  altitude  of  4,000  feet  and  was 
miles  away  from  any  settlement,  the  conditions  made  it  all  the  more  favorable  to 
our  plans,  as  it  was  not  likely  that  any  one  would  know  whether  the  homesteaders 
we  located  there  were  bona  fide  settlers  or  not. 

As  the  township  was  located  in  Lane  county,  McKinley  contended  that  the 
homestead  filings  as  well  as  final  proofs  could  be  made  before  Marie  L.  Ware, 
the  United  States  Commissioner  at  Eugene,  the  county  seat,  and  he  suggested 
further,  because  of  the  fact  of  Miss  Ware  being  in  love  with  him,  that  we  could 
work  the  "dummy"  proposition  for  all  it  was  worth. 

Miss  Ware  was  the  daughter  of  Joel  Ware,  one  of  the  most  respected 
citizens  of  Lane  county.  He  had  been  the  Clerk  of  Lane  county  for  a  number 
of  years,  and  had  filled  various  other  official  positions  during  his  long  residence 
in  Oregon,  the  last  being  United  States  Commissioner. 

For  several  years  prior  to  her  father's  death,  Marie  had  acted  in  the 
capacity  of  clerk  in  the  office,  and  in  that  way  became  quite  familiar  with  official 
forms.  It  enabled  her  to  gain  an  intimate  knowledge  of  land  office  business 
coming  before  her,  such  as  receiving  filing  papers,  and  entering  them  upon  the 
records  and  township  plats ;  taking  final  proof  of  claimants,  and  testimony  of 
witnesses  besides  hearing  the  testimony  in  contest  cases,  etc.,  afterwards  trans- 
mitting the  same  to  the  Roseburg  Land  Office. 

For  a  year  or  more  before  her  father's  death,  Marie  conducted  all  the 
business  that  went  through  his  office.  Whenever  any  persons  desired  to  make 
final  proof,  she  would  take  down  their  testimony,  afterwards  escorting  them  to  her 
father's  bedside,  where  he  would  have  them  acknowledge  their  signatures,  and 
then  attach  his  official  seal  to  the  documents.  Mr.  Ware  continued  to  fail  in 
health,  until  finally  the  United  States  District  Judge,  Hon.  Chas.  B.  Bellinger, 

Page    67 


appointed  Marie  as  his  successor.  She  was  an  exceedingly  vivacious  girl,  brimful 
of  spirit,  and  very  attractive  in  many  ways,  with  rich  auburn  hair  resembling  bur- 
nished gold.  McKinley.  although  already  married,  had  been  her  sweetheart  for 
years,  and  their  infatuation  has  since  culminated  in  the  divorce  oT  the  McKinleys 
and  the  subsequent  marriage  of  Horace  and  Marie. 

When  McKinley  and  I  came  to  an  understanding  with  reference  to  filings 
in  Township  "24-1,"  it  was  agreed  between  us  to  dispense  with  the  formality  of 
securing  bona  fide  settlers,  as  that  process  would  only  incur  unnecessary  expense, 
and  because  of  the  intimacy  which  existed  between  Horace  and  Marie,  the 
"dummy"  proposition  could  be  resorted  to  without  fear  of  detection,  and  would 
prove  by  long  odds  the  most  satisfactory  from  a  financial  standpoint.  This  plan, 
therefore,  was  decided  upon,  and  McKinley  suggested  that  I  go  to  Eugene  and 
call  on  Marie,  informing  me  at  the  same  time  that  he  had  previously  talked  the 
matter  over  with  her  and  that  everything  would  be  all  right. 

Visiting  Eugene,  I  called  upon  Miss  Ware  and  advised  her  of  the  object, 
whereupon  she  expressed  a  willingness  to  do  the  work  and  wanted  to  know  what 
there  would  be  in  it  for  her.  We  eventually  reached  an  agreement  whereby  I 
was  to  allow  her  S1CO  on  each  claim  put  through,  which  was  to  be  paid  her  as  soon 
as  final  proof  was  made  and  the  certificate  issued  by  the  Receiver  of  the  Land 
Office,  and  in  addition,  I  was  also  to  pay  the  land  office  fee,  advertising  expenses, 
and  cost  of  final  proof,  which  altogether,  amounted  to  practically  $50.  This 
township  being  double-minimum  land,  i.  e..  within  the  indemnity  limits  of  the 
California  &  Oregon  Railway  Company's  grant,  the  expense  was  doubled. 

In  return  for  the  consideration  named,  Marie  agreed  to  fill  in  on  the  filing 
papers  the  description  of  the  land  to  be  located,  attend  to  the  advertising,  and  at 
the  time  of  making  final  proof,  to  fill  in  all  the  questions  asked  on  the  blanks,  both 
for  the  entrymen  and  their  witnesses.  This  she  did  on  the  typewriter,  so  it 
only  became  necessary  for  me  to  procure  signatures  to  represent  the  different 
entrymen  and  their  witnesses  to  the  various  blanks. 

After  reaching  an  agreement  with  Marie,  she  handed  me  several  sets  of 
papers,  including  homestead  applications,  homestead  affidavits,  final  proof  blanks 
for  claimants  and  witnesses,  affidavits  of  publication,  non-mineral  affidavits,  blank 
deeds,  and  one  or  two  other  forms  such  as  were  required  in  making  homestead 
entries.  This  was  for  the  purpose  of  enabling  the  applicant  to  sign  all  the  papers 
at  the  same  time,  thus  obviating  the  necessity  of  appearing  before  her  or  anyone 
else  again.  Although  illegal,  it  avoided  a  whole  lot  of  red  tape  procedure.  It 
will  be  seen  that  this  method  guaranteed  an  exact  duplicate  of  the  signature  on 
each  set  of  papers  from  the  application  down  to  and  including  the  very  deed 
itself,  and  as  Marie  had  agreed  to  act  as  notary  in  the  taking  of  acknowledgments 
of  the  signatures  in  question,  there  could  be  no  hitch  in  the  proceedings,  nor 
would  it  be  possible  to  introduce  an  outsider  at  some  later  date  to  prove  that 
the  signatures  were  other  than  genuine  throughout. 

Returning  to  Portland.  I  called  on  McKinley  and  informed  him  of  the 
arrangements  I  had  made  with  Marie,  and  stated  that  it  was  my  intention  to  call 
on  my  old  stand  by,  F.  Pierce  Mays,  and  let  him  in  with  me  on  the  deal. 

My  object  in  so  doing,  as  I  explained  to  McKinley,  was  to  secure  the 
expediting  of  'the  patents  at  the  earliest  date  possible,  and  this,  I  believed,  could 
be  accomplished  through  Mays  quicker  and  better  than  through  any  other  source, 
and  besides  Mays  felt  more  or  less  aggrieved  because  of  being  left  out  on  the 
"11-7"  deal,  and  I  thought,  by  letting  him  in  on  the  "24-1"  deal,  to  right  matters 
\vith  the  old  man  and  place  him  in  line  again  for  further  operations.  I  suggested 
to  McKinley  that  he,  too,  take  Mays  in  with  him,  in  whatever  claims  he  might  put 
through  personally  in  the  same  township. 

I  then  called  on  Mr.  Mays  and  explained  to  him  the  scheme,  whereby  it 
was  proposed  to  secure  a  lot  of  homestead  claims,  which  were  situated  in  a 
township,  the  surrounding  conditions  being  similar  to  those  in  Township  "11-7." 
I  gave  him  full  particulars  with  reference  to  my  arrangement  with  Marie  \Yare, 

Page  68 


• 


f  r.  /   '      '- 


1 


B** 


. 


whereby  she  agreed  to  permit  of  the  "dummy"  system  being  employed  in  securing 
title  to  the  lands,  for  which  services  she  was  to  receive  the  sum  of  $100  in  each 
instance,  and  in  addition,  the  actual  expenses  for  land  office  fees,  etc.,  or  about 
$50  extra,  making  $150  in  all  for  each  claim  put  through. 

After  examining  the  map  to  determine  that  the  township  was  located  as 
represented  and  within  the  limits  of  the  Cascade  Forest  Reserve,  Mays  consented 
to  go  in  with  me  on  the  deal,  he  to  pay  one-half  the  expenses'  and  to  receive  one- 
half  the  profits. 

When  the  subject  of  patents  came  up,  Mays  said  that  he  would  attend  to 
that  feature,  as  he  was  in  a  position  to  have  them  expedited  without  delay.  He 
could  not  tell,  however,  off-hand,  what  it  would  cost,  but  that  was  a  matter, 
he  stated,  that  could  be  adjusted  in  final  settlement,  so. I  agreed  to  take  him  in  as  a 
full-fledged  partner. 

He  wanted  to  know  how  many  claims  I  expected  to  put  through  by  the 
process  described,  and  I  replied  that  I  could  not  say,  as  it  all  depended  upon 
circumstances.  My  idea  was  to  run  through  a  few  at  a  time,  so  as  to  avoid 
arousing  suspicion.  Mays  thought,  however,  that  we  should  get  at  least  twenty- 
four  or  more  right  away,  but  I  objected  to  that  on  the  ground  that  the  officials 
of  the  Roseburg  Land  Office  would  become  suspicious  if  called  upon  to  issue  so 
many  final  certificates  all  at  once  in  a  single  township. 

I  then  went  down  town  and  secured  applicants  who  signed  up  two  sets  of 
papers  for  me,  and  mailed  them,  together  with  a  check  for  $100,  to  Marie  \Yare 
at  Eugene,  and  requested  her  to  make  the  filings.  I  also  gave  a  bunch  to  McKinley 
and  asked  him  to  have  them  signed  and  forwarded  to  Marie. 

Several  days  later  I  received  a  letter  from  Marie,  stating  that  she  had 
filed  the  two  applications  sent  up,  and  that  Horace  had  left  five  sets  of  papers 
with  her  to  be  filed  for  me,  and  requesting  that  I  send  her  the  necessary  fees. 
I  thereupon  inclosed  her  a  check  for  $250,  and  requested  her  to  make  the  filings, 
which  was  done.  A  week  or  so  after  this  I  sent  her  another  bunch,  but  she  wrote 
back  that  McKinley  had  instructed  her  not  to  make  any  more  filings. 

I  met  Horace  on  the  streets  of  Portland  a  few  days  later,  while  he  was 
en  route  to  La  Crosse,  Wis.,  and  asked  him  what  objections  he  had  to  Marie 
filing  the  last  bunch  of  homestead  claims.  He  replied  that  he  did  not  propose 
to  permit  her  to  file  those  entries  for  Mays  and  myself,  unless  he  could  be  figured 
in  on  the  deal.  I  then  told  Horace,  as  I  had  in  the  beginning,  that  he,  too,  could 
go  in  with  Mays,  the  same  as  I  had  done,  and  that  whatever  they  put  through 
independent  of  me,  I  should  claim  no  interest  in.  He  urged  that  it  was  giving 
Mays  too  large  a  share,  and  proceeded  on  his  journey  without  any  definite 
understanding  on  the  subject. 

I  sent  Marie  a  check  to  cover  the  expense  of  filing  the  last  bunch  of  papers 
forwarded  her,  and  again  requested  her  to  file  the  same.  Some  days  later,  she 
returned  them,  together  with  my  check,  and  said  that,  upon  receipt  of  my  letter, 
she  had  wired  Horace  at  LaCrosse  to  know  whether  or  not  she  should  file  the 
last  bunch  of  entries,  and  that  he  had  telegraphed  a  reply,  directing  her  in 
positive  terms  not  to  do  so.  I  thereupon  telephoned  her  to  come  to  Portland, 
which  she  did  at  once,  registering  at  the  Imperial  Hotel. 

Upon  Marie's  arrival,  I  called  on  Mays  and  told  him  that  she  was  in 
town,  at  the  same  time  explaining  the  circumstances  of  her  coming,  and  he  said 
he  would  have  a  personal  interview  with  her.  Mays  then  went  up  to  the  hotel 
and  pleaded  long  and  eloquently  with  her  to  recede  from  her  position,  informing 
Marie  that  there  were  but  three  days  left  in  which  to  file  the  homestead  claims, 
as  the  ninety  days  were  about  up  in  which  settlers  would  have  prior  right  to 
initiate  title,  so  he  insisted  upon  her  putting  them  through  without  further  delay, 
but  without  avail,  as  Marie  positively  declined  to  take  a  single  step  without  the 
consent  of  McKinley. 

Mays  returned  to  the  office  and  reported  to  me  all  that  had  occurred,  at 
the  same  time  advising  that  I  call  on  her  again  and  see  if  I  could  make  any 

Page   70 


impression  personally,  to  the  end  that  she  would  make  the  filings.  I  would 
probably  have  done  this,  but  as  Mays  lost  his  temper,  flew  into  a  rage,  and  made 
a  great  many  uncomplimentary  remarks  about  the  girl  that  I  did  not  like,  I 
concluded  not  to  say  anything  more  to  her  upon  the  subject. 

It  might  be  stated  here,  that  although  I  succeeded  in  getting  Marie  to 
accept  seven  filings  altogether,  there  were  but  six  of  these  that  were  put  through 
to  patent,  as  the  officials  of  the  Roseburg  Land  Office  discovered  a  discrepancy 
in  the  seventh,  or  what  is  known  as  the  "Abbott  Claim,"  and  as  we  neglected  to 
make  the  correction  within  the  time  set  by  law,  this  entry  went  by  the  board. 

The  names  used  to  secure  the  six  claims  which  finally  went  to  patent, 
were  as  follows:  Robert  G.  Tupman,  Robert  Simpson,  Frank  H.  Herne,  William 
H.  Watkins,  Samuel  L.  Carson  and  James  Warwick. 

About  the  time  of  making  final  proofs,  I  called  on  Mays  and  requested 
that  he  put  up  his  one-half  of  the  expenses,  or  S450.  informing  him  that  I  had 
succeeded  in  securing  but  6  claims,  and  that  I  had  put  up  exactly  $900  to  date. 
I  asked  him  at  the  same  time  to  whom  the  lands  should  be  deeded,  as  we  did  not 
care  to  be  known  in  the  transaction. 

Mays  thought  it  would  be  a  good  plan  to  leave  the  name  of  the  grantee 
blank  for  the  time  being,  and  also  the  date,  but  to  have  the  instrument  witnessed 
and  acknowledged.  Upon  my  suggestion,  however,  he  consented  to  have  the 
lands  embraced  in  the  transaction  transferred  to  Emma  L.  Watson,  to  be  held 
by  her  in  trust,  and  as  for  his  share  of  the  expenses,  he  said  that  he  would 
advance  sufficient  to  cover  the  expediting  of  the  patents,  and  that  we  could  have 
a  general  settlement  of  the  account  later  on. 

I  then  called  upon  Mrs.  Watson  and  informed  her  that  Mays  and  I  had 
purchased  6  homestead  claims  in  Lane  County :  that  their  first  cost  amounted  to 
$900,  and  that,  if  she  saw  fit  to  advance  the  money.  I  would  have  the  claims  deeded 
to  her,  to  be  held  in  trust,  and  at  the  time  of  making  a  sale,  would  allow  her  a 
quarter  interest  in  the  net  profits.  Mrs.  Watson  agreed  to  accept  my  proposition, 
and  gave  me  a  check  for  $900,  and  as  soon  as  Marie  Ware  had  received  the 
final  certificates  from  the  Roseburg  Land  Office,  showing  that  the  proofs  of  the 
six  entries  had  been  accepted,  I  paid  her  the  money,  after  which,  she  filled  out 
the  deeds  in  the  name  of  Emma  L.  Watson  and  I  turned  them  over  to  the  latter. 
and  advised  her  not  to  record  them  until  such  time  as  I  might  suggest  at  a 
later  date. 

About  a  month  after  the  claims  had  been  deeded  to  Mrs.  Watson,  I  met 
Clyde  D.  Lloyd  on  the  street  in  Portland,  and  became  engaged  with  him  in  con- 
versation concerning  timber  lands.  He  was  a  friend  of  McKinley's  from  Wiscon- 
sin, and  had  been  associated  with  him  in  several  timber  land  deals.  In  the 
course  of  our  conversation.  Lloyd  mentioned  the  fact  that  he  had  purchased 
three  homestead  claims  of  scrip  lands  in  Township  24-1  from  McKinley,  paying 
for  the  same  at  the  rate  of  $500  per  quarter  section,  andvhe  wanted  to  know 
about  how  long  it  took  for  patents  to  issue  after  final  proof  was  made. 

I  realized  at  once,  as  soon  as  he  mentioned  that  the  claims  were  in  "24-1." 
that  they  were  among  those  that  had  been  taken  up  by  me  and  in  which  Mays  and 
I  were  interested,  as  the  six  claims  which  Marie  had  put  through  for  me  were 
the  only  ones  in  that  township  that  had  been  proven  up  on.  In  reply  to  my  in- 
quiry as  to  whether  or  not  he  had  recorded  the  deeds.  Lloyd  answered  in  the 
negative,  saying  that  McKinley  had  requested  him  to  withhold  them  from  record 
for  awhile. 

I  went  directly  to  Mrs.  Watson  and  requested  that  she  send  her  deeds  to 
Eugene  without  delay  and  have  them  recorded,  also  intimating  to  her  that  I 
thought  there  was  some  sharp  practice  on  foot.  Acting  upon  my  advice,  she 
complied  immediately  with  my  instructions. 

Some  months  later  I  met  McKinley.  who  had  returned  from  the  East,  and 
asked  him  what  he  meant  by  selling  my  lands  to  Clyde  D.  Lloyd.  He  answered 
that  he  had  not  intended  to  sell  the  lands  to  Lloyd,  but  that  he  simply  wanted  to 

Page  72 


Section  cornerstone  of  two  fraudulent  claims  in  24-1.      The  first  indictment 

against  Puter,  McKinley  and  Marie  L.  Ware,  was  based 

on  six  bogus  entries  made  in  this  township 

get  into  him  to  the  extent  of  $1500,  so  as  to  force  Lloyd  to  give  him  a  written 
contract,  in  order  to  secure  him  on  the  "Marion  County  deal,"  and  which  trans- 
action was  as  follows : 

Some  months  prior  to  the  time  McKinley  sold  my  three  claims  in  "24-1" 
to  Clyde  D.  Lloyd,  his  father,  George  Lloyd,  of  Wisconsin,  had  entered  into  a 
verbal  agreement  with  McKinley,  whereby  he  was  to  furnish  money  for  the 
purpose  of  securing  timber  lands  in  the  State  of  Oregon,  and  which  lands,  when 
purchased,  were  to  remain  in  the  name  of  George  Lloyd,  until  such  a  time  as  they 
considered  the  price  sufficiently  advanced  to  justify 'them  in  disposing  of  the 
same.  McKinley,  it  will  be  understood,  was  to  select  the  land,  at  which  time 
Lloyd  Sr.  would  have  his  son,  Clyde  D.,  examine  them,  and  if  his  report  proved 
favorable,  the  amount  was  to  be  produced  forthwith,  and  the  deal  closed.  These 
lands  were  to  be  held  in  the  name  of  George  Lloyd  until  such  time  as  he  or  Mc- 
Kinley learned  of  an  opportunity  to  make  transfer  at  a  considerable  advance, 
when,  if  agreeable  to  both  parties,  the  land  would  be  sold,  at  which  time  George 
Lloyd  was  to  deduct  the  amount  advanced  by  him,  together  with  the  interest 
thereon  at  the  rate  of  8  per  cent  per  annum,  and  turn  over  to  McKinley  one-half 
of  the  net  profits. 


Page    73 


The  above  agreement,  not  being  in  writing,  resulted  in  much  confusion,  as 
between  George  Lloyd  and  McKinley,  and  finally  terminated  in  a  civil  suit  brought 
by  McKinley,  through  which  he  attempted  to  recover  the  sum  of  $12,000  which 
he  claimed  was  due  him  by  Lloyd,  involving  lands  sold  to  the  latter  by  himself, 
and  which,  as  later  developments  will  disclose,  prompted  the  Government  to  make 
investigations  which  led  up  to  the  land  fraud  trials,  and  resulted  in  the  conviction 
of  so  many  of  our  prominent  citizens. 

This  "Marion  County  deal"  consisted  of  twenty-four  claims,  or  3812 
acres  and  \vas  sold  by  me  to  George  Lloyd,  through  McKinley,  the  sale  price 
being  $5.60  per  acre,  or  $21,347.20. 

Some  months  after  these  lands  had  been  purchased  by  Lloyd  from  me, 
and  through  McKinley,  the  latter  learned  that  Clyde  D.  Lloyd  was  negotiating 
for  the  sale  of  the  lands,  and  that  he  had,  in  fact,  given  an  option  to  a  certain 
party,  the  price  named  being  $12.50  per  acre.  This  option  was  given  without 
the  consent  of  McKinley,  nor  had  he  been  consulted  in  regard  to  the  matter. 
McKinley,  when  he  learned  what  was  being  done,  called  on  Lloyd,  Jr.,  and  asked 
for  an  explanation,  but  could  get  no  satisfaction,  Clyde  Lloyd  refusing  to 
discuss  the  matter  further  than  to  state  that  if  the  tract  was  sold,  McKinley 
would  be  taken  care  of  to  the  amount  of  his  interest  in  the  lands. 

It  is  needless  to  say  that  Lloyd's  demeanor  toward  McKinley,  at  this 
time,  was  not  to  his  liking,  as  it  was  evident  to  the  latter  that  Lloyd  intended 
to  sell  the  lands  and  to  pocket  the  entire  profits,  else  he  could  have  no  objection 
to  acquainting  him  with  particulars  in  regard  to  his  action  in  offering  the  tract 
for  sale. 

McKinley,  of  course,  fully  realized  that  Lloyd  had  the  upper  hand,  as 
his  agreement  with  the  elder  Lloyd  was  purely  verbal,  and  it  would  be  difficult 
for  him  to  establish  his  right  to  a  half  interest  in  the  net  profits,  as  was  evidenced 
by  the  fact  of  his  bringing  suit  against  Lloyd,  Sr.,  through  his  attorney,  Judge 
Thos.  O'Day,  asking  for  $12,000  commissions,  which  he  figured  as  being  his 
share  of  the  net  profits,  based  on  the  option  price  named  by  Clyde  Lloyd  in 
offering  the  lands  for  sale  at  $12.50  per  acre. 

This  suit  dragged  along  for  something  like  a  year  and  a  half,  and  finally 
terminated  in  favor  of  Mr.  Lloyd,  it  being  impossible  for  McKinley  to  prove 
his  equity  in  the  absence  of  a  written  contract. 

These  lands,  instead  of  being  sold  for  $12.50  per  acre,  were  actually 
disposed  of  by  Lloyd  at  the  rate  of  $24  per  acre,  the  purchaser  being  \V.  H. 
Gilbert,  of  Ashland.  Wisconsin.  The  sale  was  consummated  through  M.  B. 
Rankin.  of  Portland,  Oregon,  and  George  P.  Brayton,  of  Chicago.  Illinois. 

To  return  to  the  subject  of  the  six  claims  in  Township  "24-1,"  it  was 
but  a  short  time  after  final  proofs  had  been  made  when  F.  Pierce  Mays  called 
me  up  over  the  'phone  and  asked  me  to  call  at  his  office.  Upon  doing  so,  much 
to  my  surprise,  he  informed  me  that  he  had  just  received  the  patents  to  the  claims 
in  question,  and  I  could  not  but  express  wonder  that  they  should  be  issued  in  so 
short  a  time,  as  it  usually  required  from  one  to  two  years,  and  frequently 
longer,  to  secure  them.  It  indicated  to  me  that  Mavs  had  not  been  talking  at 
random  when  he  informed  me  that  he  had  facilities  for  expediting  patents. 

Mays  stated  that  they  had  cost  $100  each,  or  $600  in  all,  and  as  I  had 
expended  a  sum  total  of  $900  in  securing  the  deeds,  the  account  showed  a 
balance  due  me  of  $150  in  order  to  make  an  equal  division  of  the  expenses 
between  us,  and  we  agreed  to  settle  upon  that  basis.  Mays  then  suggested,  if 
it  made  no  difference  to  me,  that  he  would  accept  three  of  the  claims  as  his 
share,  as  he  did  not  wish  to  dispose  of  them  at  that  time.  This,  also,  was 
satisfactory  to  me.  Whereupon  Mays  handed  me  three  of  the  patents,  retaining 
the  other  three.  Those  held  by  Mays  were  those  of  Robert  G.  Tupman,  Robert 
Simpson  and  Frank  H.  Herne.  Mays  then  requested  that  I  have  Mrs.  Watson 
transfer  his  three  claims  to  Thaddeus  S.  Potter,  a  law  clerk  in  his  office,  and  some 
kind  of  a  relative  by  marriage,  which  request  w?as  complied  with. 

Page  74 


Scene  in  Township  8  S.,  Range  3  E.  (Marion  County,  Ore.)  on  State  lieu  selections,  embracing 
50  quarter  sections,  sold  by  Puter  in  1899  to  Abaqua  Lumber  Co.,  of  Wisconsin,  for  $4.00  per 
acre,  and  purchased  in  1907  by  L.  B.  Menefee,  Jessie  H.  Jones  and  J.  M.  Rockwell,  of  Houston 
Texas,  for  $87. 50  an  acre.  Held  by  present  owners  at  $150  an  acre 


Potter  was  afterward  convicted  jointly  with  \Yillard  X.  Jones,  for  com- 
plicity in  the  Siletz  Indian  Reservation  frauds. 

The  three  claims  belonging-  to  Mrs.  Watson  and  myself  were  sold  to  Geo. 
B.  McLeod,  treasurer  of  the  A.  B.  Hammond  Lumber  Company,  the  sale  price 
being  $5  per  acre. 

A  few  weeks  after  closing  with  Mays,  he  again  requested  me  to  call  at 
his  office,  which  I  did,  and  he  informed  me  of  having  received  a  letter  from 
Edwin  Hobson,  a  timber  speculator  of  Eugene,  which  stated  in  effect  that  he  had 
purchased  the  southeast  quarter  of  Section  2,  in  Township  24  South,  Range  1 
East,  known  as  the  "Robert  Simpson"  claim,  and  that  he  had  noticed  the  same 
land  had  been  included  in  a  deed  given  by  Simpson  to  Mrs.  \Yatson,  and  from  her 
transferred  to  Thaddeus  S.  Potter,  the  presumption  being,  upon  the  part  of 
Hobson,  that  Mays  was,  in  fact,  the  real  owner  of  the  tract.  Mays  inquired 
what  I  knew  about  the  matter,  to  which  I  replied  that  I  was  entirely  in  the  dark 
on  the  subject,  although  I  agreed  to  ascertain  the  facts  without  delay. 

Calling  upon  McKinley  for  an  explanation,  he  informed  me  that  the 
claim  had  been  deeded  to  Edwin  Hobson,  with  the  understanding  that  the 
document  was  not  to  be  recorded  until  later  on,  but  while  he  was  East,  Hobson 
had  become  alarmed  upon  learning  that  a  deed  to  the  same  quarter  section  had 
been  recorded,  showing  the  claim  to  be  in  the  name  of  Emma  L.  Watson.  He 
made  haste,  therefore,  to  place  the  deed  on  record,  and  immediately  communicated 
with  Mays  in  the  hope  of  learning  the  true  status  of  the  matter. 

The  latest  information,  as  related  by  McKinley,  put  a  new  phase  on  the 
situation,  as  it  was  clearly  evident  to  me  that  affairs  were  becoming  more 
complicated  all  the  time,  as  it  was  also  apparent,  unless  a  stop  was  put  to  the 
whole  proceeding,  and  matters  straightened  out  without  delay,  that  I  was  very 
likely  to  become  involved  in  serious  trouble.  My  first  thought,  therefore,  was  to 
force  McKinley  to  tell  the  whole  truth  and  reveal  everything,  so  that  I  might 
be  enabled  to  determine  on  some  action  to  avoid  further  complications. 

Summoning  McKinley  to  my  room  at  the  hotel,  I  gave  him  to  understand 
that  I  must  know  exactly  how  everything  stood,  and  that,  if  he  expected  me  to 
help  him  out  of  the  difficulty,  it  would  be  necessary  for  him  to  give  me  all  the 
particulars  with  relation  to  this  Hobson  transaction,  as  well  as  that  connected 
with  his  action  in  disposing  of  my  claims  to  Clyde  D.  Lloyd  for  $1500.  This 
McKinley  agreed  to  do,  the  story  given  me  at  the  time  being,  in  substance  as 
follows : 

"Lloyd,"  said  McKinley,  "agreed  to  settle  with  me  in  the  sum  of  one- 
half  the  net  profits  derived  from  the  sale  of  the  Marion  county  lands,  it  being 
understood  betwen  us  that  I  was  to  be  consulted  in  advance  of  any  sale  being 
made.  This  understanding  was  being  violated,  insomuch  as  Clyde  D.  Lloyd 
attempted  to  negotiate  a  sale  without  my  knowledge  and  consent,  and  which 
action,  upon  his  part,  convinced  me  that  all  was  not  right,  more  particularly 
after  my  asking  him  for  an  explanation,  which  he  refused  to  give.  I  then 
planned  to  get  the  drop  on  Lloyd,  and  in  pursuance  of  this  purpose,  I  took  him 
to  Salem,  where  I  secured  his  appointment  as  a  notary  public.  My  next  move 
was  to  inform  Lloyd  of  a  certain  scheme  whereby  it  would  be  posible  for  both 
of  us  to  make  a  little  easy  money,  and  which,  I  informed  him,  could  be 
accomplished  by  filling  in  a  bogus  deed  to  a  claim  in  24-1,  and  which  deed 
he  could  certify  to  and  acknowledge  as  notary  public,  after  which,  we  could 
dispose  of  the  claim  to  one  Edwin  Hobson,  of  Eugene,  Oregon. 

"My  plan  looked  good  to  Clyde  Lloyd,  and  he  readily  assented  to  go  in 
with  me  on  the  deal,  so  I  made  out  the  papers  in  the  presence  of  Lloyd,  using 
the  name  of  Robert  Simpson,  after  which  Lloyd  acknowledged  the  signature  and 
affixed  his  notarial  seal  to  the  document.  We  then  called  on  Marie  Ware,  who 
was  not  supposed  to  know  anything  about  the  transaction,  so  far  as  Clyde  Lloyd 
was  informed,  and  the  latter,  in  handing  over  the  papers,  advised  Miss  Ware 
that  he  had  just  acknowledged  the  signature  of  Mr.  Simpson  to  the  deed, 

Page  76 


at  the  same  time  collecting  $575  in  full  payment  of  the  contract  price  named 
therein.  Lloyd  also  instructed  Miss  Ware  that  she  might  retain  $50  for  her 
trouble,  and  that  she  was  to  hand  the  balance,  $525,  over  to.  McKinley  when  he 
called,  and  who,  in  turn,  was  to  deliver  the  money  to  Mr.  Simpson,  for  whom 
he  was  acting  as  agent. 

"This  deal,"  continued  McKinley,  ''was  comsummated  within  a  few  days 
from  the  time  it  was  first  planned,  and  when  the  money  was  received  by  Marie 
and  handed  over,  I  divided  up  with  Lloyd  as  per  original  agreement." 

McKinley  then  went  on  to  explain,  as  he  appeared  at  this  time  to  be 
anxious  to  reveal  the  whole  truth,  that  his  sole  and  only  purpose  in  turning  this 
first  deal  with  Lloyd  was  to  place  the  young  man  in  a  compromising  position, 
as  he  believed  that  by  having  him  acknowledge  the  signature  of  a  fictitious 
person  and  attach  his  seal  to  a  bogus  deed,  he  might  eventually  force  him  to 
make  settlement  of  the  commissions  due  on  the  Marion  county  deal,  under 
threat  of  exposure. 

As  to  the  three  claims  sold  to  Lloyd  for  $1500  and  which,  as  hereinbefore 
stated,  belonged  to  me,  McKinley  admitted,  at  the  time,  of  making  this  sale,  that 
he  was  really  hard  pressed  for  money,  and  that,  insomuch  as  Lloya  was  indebted 
to  him,  he  thought  it  would  only  be  fair  to  secure  the  money  through  this  source. 

It  will  probably  seem  incredible  that  Lloyd,  after  entering  into  a  conspiracy 
with  McKinley  to  defraud  Hobson  out  of  $575  but  a  short  time  before,  should 
allow  McKinley  to  turn  around  and  treat  him  in  like  kind;  nevertheless,  that  is 
exactly  what  happened,  and  as  McKinley  said  afterward  in  relating  the 
circumstance  to  me,  Lloyd  looked  like  ready  money,  and  as  he  was  in  urgent 
need  of  finances  at  that  time,  he  decided  to  bump  him  to  the  tune  of  a  thousand 
and  a  half,  and  had  no  difficulty  in  carrying  his  plans  into  execution. 

I  entered  a  vigorous  protest  against  this  sort  of  business,  but  McKinley — 
who  was  exceedingly  easy  going — declared  that  there  was  no  danger  of  getting 
into  trouble,  as  he  calculated  from  the  first  to  repay  Hobson  and  secure  a 
reconveyance  from  him.  In  the  meantime,  McKinley  said,  he  was  not  afraid 
of  Hobson  causing  any  trouble,  as  he,  too,  had  been  mixed  up  in  some  fraudulent 
transactions  in  Lane  County,  McKinley  claiming,  to  his  certain  knowledge,  that 
Hobson  had  contracted  with  a  number  of  people  whom  he  had  located  on 
timber  claims,  agreeing  to  furnish  them  the  money  with  which  to  make  proofs, 
with  the  understanding  that  they  were  to  deed  the  claims  over  to  him  as  soon  as 
final  proofs  were  made. 

As  for  the  other  three  claims,  those  taken  up  under  the  names  of  William 
H.  Watkins,  Samuel  L.  Carson  and  James  E.  Warwick,  and  which  he  had  sold 
to  Clyde  Lloyd,  McKinley  contended  that  I  had  no  reason  to  complain,  as  Mrs. 
\Yatson  had  recorded  these  deeds  fully  a  month  before  Lloyd  had  recorded  his,  and 
if  the  latter  should  discover  that  he  had  been  bilked  and  should  attempt  to  kick 
up  a  disturbance,  he  would  take  occasion  to  quiet  him  with  the  club  he  had  so 
ingeniously  prepared  to  hold  over  his  head.  He  assured  me  further,  even  in  the 
case  of  Lloyd,  that  he  had  no  intention  of  beating  him  out  of  the  money,  and  as 
soon  as  he  could  secure  a  settlement  of  the  Marion  county  deal,  the  amount  collect- 
ed would  be  repaid  him  and  a  reconveyance  of  these  claims  would  also  be  secured. 

After  listening  to  all  McKinley  had  to  say  by  way  of  explanation  of  his 
action-s  in  the  matter  of  disposing  of  my  lands,  I  insisted  that,  insomuch  as 
Mays  was  the  owner  of  the  Simpson  claim,  I  wanted  Him  to  make  settlement 
with  Hobson  forthwith,  and  to  procure  a  deed  from  the  latter  to  Mays.  McKinley, 
although  hard  pressed  for  money,  agreed  to  do  as  requested,  provided  that  I 
would  pay  Hobson  the  $575  and  charge  the  amount  to  his  account,  as  against 
what  might  be  coming  to  him  in  the  "11-7"  deal,  which  had  not  yet  been  closed 
up.  This  I  consented  to  do. 

Going  to  Mays'  office,  I  explained  the  situation  to  him,  as  related  by 
McKinley  to  me,  at  the  same  time  advising  him  of  my  plan  to  get  the  tangle 
straightened  out.  I  informed  him,  of  course,  that  there  was  little  danger  of 

Page    77 


Hobson  attempting  to  do  anything  for  the  time  being,  as  McKinley  had  the  drop 
on  him,  and  as  for  the  matter  righting  itself  eventually,  I  told  Mays  that 
McKinley  had  several  hundred  dollars  coming  to  him  on  the  "11-7"  deal  and  that, 
when  it  came  time  for  settlement,  I  would  hold  out  sufficient  to  square  the 
matter  up.  In  the  meantime,  I  suggested  that  Mays  write  Hobson  to  that  effect. 
I  told  Mays  that  I  would  write  Hobson  personally,  which  I  did,  informing  him 
that  I  had  talked  with  McKinley  with  reference  to  the  Simpson  claim  which 
he  had  purchased,  and  I  guaranteed  to  refund  him  the  amount  paid  to  McKinley 
as  soon  as  I  could  arrange  some  business  settlements  with  the  latter. 

Shortly  afterwards  the  "11-7"  deal  was  brought  to  a  close,  and  I  held  out 
the  $575  from  McKinley's  share  of  the  profits,  and  inclosed  this  amount  to  Mays 
in  the  form  of  a  draft,  which  was  afterwards  transmitted  to  Hobson. 

I  concluded  that  this  ended  the  entire  proceedings,  and  that  the  "24-1" 
deal  was  a  closed  incident,  but  it  developed  that,  as  in  the  case  of  the  "11-7" 
deal,  the  end  was  yet  far  distant,  as  the  three  claims  that  were  sold  by  McKinley 
to  Lloyd  proved  to  be  the  straw  that  broke  the  camel's  back,  it  being  through 
their  transfer  that  the  Federal  authorities  first  became  cognizant  of  the  fact 
that  a  fraud  had  been  committed,  as  future  developments  will  disclose. 


Homestead  claim  in  Lakeview 
land  district 


Page  78 


* 


^     <0 

&    S 

£  § 


^  s    s 
^  •«  B  •«  •» 

S  -~  p  » -s 


« 7  s  s «« 

*£*«.! 

o    *•    ^    ^  » 


^  *  a  -2 


"5"*>>  «  ^^S 
8*1       " 


Chapter  VI 


Details  of  a  well-laid  plot  to  raid  the  public  domain  in  the  Deschutes  Country, 
wherein  108  "Dummies"  seek  to  acquire  17,280  acres  of  fine  timber  land 
for  speculative  purposes — A  combination  of  adverse  circumstances  operates 
to  Puters  disadvantage,  notwithstanding  the  collossal  ideas  of  "Old  Pard" 
Mays  on  the  subject  of  evading  consequences — A.  B.  Hammond,  a  zvealthv 
Pacific  Coast  lumberman,  figures  as  a  bold  financier,  but  is  prevented  from 
doing  business  on  account  of  the  general  cussedness  of  inanimate  things — 
Inspector  Greene,  of  the  Interior  Department,  strikes  a  smoking  trail,  and 
a  case  of  mistaken  identity  leads  to  an  amusing  situation. 

DURING  the  Summer  of  1902,  Township  22  South,  Ranges  15  and  16  East, 
Willamette  Meridian,  became  subject  to  public  entry,  the  official  surveys 

thereof  having  been  approved  about  that  time.  They  are  situated  in  the 
central  portion  of  Oregon,  about  thirty  miles  south  of  Prineville,  and  twenty 
miles  east  of  the  Deschutes  river,  in  Crook  county,  and  having  received  informa- 
tion through  Henry  Meldrum,  at  that  time  a  United  States  Deputy  Surveyor,  who 
had  subdivided  the  townships,  that  they  were  covered  with  a  heavy  growth  of 
timber,  I  lost  no  time  in  taking  a  trip  out  there,  and  discovered  that  there  were 
more  than  20,000  acres  of  vacant  Government  land  covered  with  valuable  yellow 
pine,  lying  practically  in  one  body.  The  best  timber  extended  through  the  center 
of  the  two  townships,  the  eastern  portion  of  range  16  being  comparatively  barren 
prairie  land,  upon  which  was  a  dense  growth  of  sagebrush. 

"Old  Pard"  Mays  figured  out  a  scheme  to  get  hold  of  these  lands  without 
running  much  risk  of  bumping  into  serious  trouble  with  the  Federal  authorities. 
He  always  impressed  me  with  his  wizard-like  ways  in  that  respect,  and  I  never 
failed  to  consult  him  whenever  I  had  a  hard  game  on  hand.  In  that  regard  he 
reminded  me  of  the  quack  doctor  who  always  gave  his  patients  medicine  to  throw 
them  into  fits.  When  asked  why  he  did  this,  the  reply  was  always  given,  "be- 
cause I  am  'up'  on  fits !"  Mays  may  not  have  possessed  any  great  amount  of  legal 
ability,  but  he  was  certainly  skilled  in  the  art  of  running  close-hauled  to  the  law. 

After  explaining  his  plan.  Mays  assured  me  that  if  I  followed  his  prescrip- 
tions carefully,  that  there  would  be  no  ill-effects  from  my  shady  operations  in 
connection  with  the  lands  in  question.  His  plan  contemplated  a  charge  of  SI  50 
against  each  entryman  as  a  location  fee,  taking  a  mortgage  on  the  claim  as  secur- 
ity, and  any  time  after  final  proof  had  been  made,  to  get  some  outsider  to  pur- 
chase, subject  to  the  mortgage;  but  under  no  circumstances  to  have  anything  to 
do  with  suggesting  a  purchaser,  or  offering  to  buy  the  claims  myself,  and  for 
me  to  caution  the  entrymen  at  the  time  I  filed  them  on  the  lands  that  the  only 
interest  I  had  therein  was  involved  in  my  location  fee ;  also,  that  anyone  desirous 
of  paying  for  his  claim  with  his  own  money,  was  at  liberty  to  do  so,  by  allowing 
me  my  location  fee  of  $150,  and  that  anyone  who  did  not  have  the  money  to 
prove  up  on,  could  borrow  a  sufficient  amount  from  me  for  that  purpose  by  giv- 
ing me  a  mortgage  on  their  holdings  for  a  year  or  so.  I  was  also  to  warn  them 
that  in  the  event  of  my  hearing  that  any  of  them  had  offered  to  sell  their  claims 
before  proving  up,  that  I  would  decline  to  loan  them  any  money. 

This  scheme  looked  all  right  to  me,  so  I  agreed  to  divide  the  location  fees 
with  Mays,  he  stipulating  to  advance  out  of  his  share  whatever  money  was  re- 
quired in  securing  the  patents.  I  was  to  pay  him  his  half,  amounting  to  $75  per 
claim,  as  fast  as  he  secured  the  patents.  Any  money  that  I  might  make  as  com- 
mission on  the  sale  of  the  lands,  he  was  to  have  no  interest  in. 

Page  80 


He  then  gave  me  a  letter  of  introduction  to  A.  W.  Bell,  the  United  States 
Commissioner  at  Prineville,  the  county  seat  of  Crook  County,  my  intention  being 
to  have  all  the  filings  and  final  proofs  made  before  that  official,  the  Lakeview 
Land  Office,  in  which  district  the  desired  tracts  were  situated,  being  more  than 
150  miles  away.  Upon  my  arrival  at  Prineville  I  called  upon  Commissioner  Bell, 
and  in  response  to  my  suggestion  that  he  place  me  in  touch  with  some  person  who 
was  familiar  with  the  financial  status  of  everybody  in  the  county,  he  introduced 
me  to  a  searcher  of  records  named  J.  L.  McCullough,  with  whom  I  entered  into  a 
contract  based  on  my  allowing  him  $10  each  for  all  the  locators  he  secured  for 
me.  It  was  the  understanding  that  these  persons  were  to  file  on  a  timber  claim 
and  make  final  proof  thereon,  and  that  all  so  procured  should  be  free  from  any 
judgment  or  lien,  as  such  an  incumbrance  would  cast  a  cloud  upon  any  title 
that  might  be  obtained  subsequently. 

I  likewise  had  a  clear-cut  agreement  with  each  locator,  whereby  I  was  to 
charge  them  $150  as  my  filing  fee,  with  the  understanding  that  I  would  find 
somebody  willing  to  loan  $600  on  each  claim  at  the  time  of  making  final  proof, 
the  locators  agreeing  to  execute  a  mortgage  on  their  claims  for  that  amount  as 
security  for  the  loan.  This  mortgage  was  to  run  one  year  at  10  per  cent  inter- 
est annually,  and  it  was  provided  further  that  my  location  fee  was  to  be  deducted 
from  this  loan.  As  an  evidence  of  good  faith  on  my  part,  I  also  agreed  to  advance 
the  $10  advertising  fee  on  each  claim,  which  was  likewise  to  be  refunded  at  the 
time  final  proof  was  made. 

I  was  particular  in  impressing  McCullough  with  the  idea  that  under  no 
circumstances  whatever  were  the  locators  to  offer  their  claims  for  sale  before 
making  final  proof,  and  that  neither  the  person  advancing  the  $600  nor  myself 
had  any  intention  of  purchasing  the  lands  after  the  locators  had  acquired  final 
title.  In  general  terms,  I  sought  to  create  the  impression  that  good  faith  was  to 
be  observed  all  around  in  the  transactions  involving  the  acquisition  of  title  to 
these  lands,  a  personal  inspection  thereof  by  the  claimants  before  filing  being  one 
of  the  conditions  precedent  to  this  idea. 

After  giving  these  instructions  to  McCullougr/f  I  drove  out  to  the  tract  of 
timber,  pitched  my  tent,  and  awaited  developments.  He  was  so  well  acquainted 
throughout  Crook  County  that  enough  locators  to  file  on  each  vacant  quarter  de- 
sired were  soon  secured,  and  within  three  days  he  arrived  at  my  camp  accom- 
panied by  a  bunch  of  forty-five  people,  which  represented  only  a  comparatively 
small  percentage  of  the  total;  These  I  gathered  around  me  close  enough  for  all 
to  hear  distinctly  what  I  had  to  say,  and  repeated  the  instructions  I  had  given 
McCullough,  so  as  to  avoid  any  chance  of  a  hereafter.  All  present  seemed  to 
grasp  the  situation,  and  to  be  well  satisfied  with  the  conditions. 

All  hands  were  then  requested  to  hitch  up  their  teams  and  accompany 
me  into  the  woods  for  the  purpose  of  making  a  personal  inspection  of  their 
prospective  claims.  This  proved  very  easy  of  accomplishment,  as  the  land  was 
perfectly  level,  with  no  brush,  fallen  timber  or  rank  undergrowth  of  any  kind 
to  contend  with,  and  besides  the  whole  tract  had  been  surveyed  the  year  previously. 
The  lines  were  still  freshly  blazed,  and  corners  set  with  four  witness  trees  plainly 
marked,  so  that  the  lines  were  readily  traceable. 

The  concourse  of  vehicles  resembled  a  Sunday  turnout  in  Golden  Gate 
Park,  San  Francisco,  only  of  course  the  equipages  were  not  quite  so  swell. 
Some  had  light  buckboards,  others  good-appearing  buggies,  while  express  wagons 
and  heavy  farm  traps  of  all  sorts  were  in  evidence,  making  an  imposing  spectacle 
as  we  sauntered  leisurely  through  the  beautiful  timber,  with  its  picturesque 
surroundings. 

The  soil,  which  was  of  a  pumice  stone  formation,  with  a  solid  foundation, 
and  covered  with  a  heavy  growth  of  wild  grass  about  four  inches  high,  was  very 
prolific.  The  timber  embraced  one  of  the  finest  bodies  of  yellow  pine  anywhere, 
the  trees  being  very  uniform  in  size,  averaging  about  three  feet  in  diameter,  and 
running  from  50  to  75  feet  to  the  first  limb,  indicating  the  quantity  of  clear 

Page    81 


Character  of  Yellow  Pine  Timber  in  Tp.  20  S.,  R.  15  and  16  E.,  Crook  County,  Oregon 

sought  to  be  acquired  by  fraudulent  process 


lumber  each  tree  would  produce.  All  appeared  perfectly  sound,  and  I  do  not 
believe  there  was  a  windfall  on  the  entire  tract.  It  was  certainly  a  sight  that 
appealed  as  much  to  the  sentiments  as  to  the  commercial  side  of  the  situation. 

I  experienced  no  difficulty  whatsoever  in  making  the  locations.  Arriving 
at  the  section  corners,  I  would  arrange  four  persons  so  that  each  could  see  the 
particular  quarter  section  intended  for  him,  at  the  same  time  giving  each  locator 
a  slip  of  paper  upon  which  was  written  the  description  of  his  proposed  claim. 
Leaving  them  there,  with  directions  to  circle  around  over  a  space  of  about  half 
a  mile  in  order  to  be  able  to  testify  that  they  had  been  on  each  legal  subdivision, 
as  required  by  law,  and  could  therefore  be  in  a  position  to  act  as  witnesses  for 
each  other  when  the  final  proof  was  made,  I  would  proceed  to  another  section, 
and  so  on,  until  the  whole  tract  was  thus  taken.  As  fast  as  one  group  of 
locators  had  finished  their  inspection,  they  would  take  the  back  track,  pursuant 
to  my  directions,  and  appear  before  United  States  Commissioner  Bell  at  Prine- 
ville  for  the  purpose  of  attesting  their  timber  entries.  In  this  manner  the  entire 
tract  of  108  quarter  sections  was  covered  inside  of  a  week  after  we  left  Prine- 
ville. 

On  my  return  I  encountered  several  wagonloads  of  locators  en  route  to 
my  camp,  intent  on  getting  a  claim,  but  they  met  with  disappointment,  as  every- 
thing was  gone.  The  108  people  whom  I  filed  on  these  lands  were  all  from 
Crook  county,  mostly  residents  of  Prineville.  Some  of  the  families  'included 
from  two  to  fifteen  members,  all  eager  to  get  hold  of  a  tract  of  timber  land. 

Upon  my  return  to  Prineville  I  went  to  Commissioner  Bell's  office  and 
was  informed  that  he  had  recorded  108  filings,  so  I  thereupon  made  arrange- 
ments to  advertise  the  final  proofs.  The  law  requires  that  these  notices  shall 
be  printed  nine  successive  weeks  in  a  newspaper  nearest  the  land.  The  Deschutes 
Echo  filling  the  bill  in  that  respect,  I  requested  the  Commissioner  to  have  the 
final  proof  notices  sent  to  Editor  Palmer,  of  that  paper,  and  also  paid  him 
$1,080  with  which  to  meet  the  necessary  advertising  charges. 

The  history  of  the  establishment  of  the  paper  in  question  is  both  unique 
and  interesting,  as  showing  the  mushroom  growth  of  things  in  this  Western 
country.  Taking  advantage  of  the  requirements  of  the  General  Land  Office 
that  timber  notices  must  be  published  in  a  newspaper  nearest  the  land  affected, 
Editor  Palmer  secured  a  second-hand  printing  outfit  and  established  himself 
at  Bend,  Ore.,  in  the  very  heart  of  the  forest.  His  plant  consisted  of  an  anti- 
quated Washington  hand^-press  that  had  seen  better  days,  and  a  few  dilapidated 
fonts  of  type,  besides  the  other  paraphernalia  incident  to  a  cheap  outfit  of  this 
sort.  I  doubt  whether  the  whole  plant  cost  him  more  than  $50. 

Felling  a  yellow  pine  tree,  he  leveled  off  the  stump,  and  after  spiking  his 
press  to  this  improvised  foundation,  was  ready  for  business,  and  proceeded  to 
grind  out  timber  land  notices  at  $10  apiece.  The  journalistic  venture  was  a 
success  from  the  start,  the  $1,080  that  I  paid  him  being  a  mere  bagatelle  in 
comparison  to  the  aggregate  earnings  of  the  sheet.  Within  six  weeks  from 
the  date  of  the  first  issue,  to  my  certain  knowledge  the  paper  printed  no  less 
than  1,500  land  notices,  and  nobody  but  a  wooden  nutmeg  Connecticut  Yankee 
would  ever  have  devised  such  a  money-making  scheme. 

The  timber  land  business  was  booming  in  the  Deschutes  country  around 
Bend,  and  now  they  have  a  city  there  of  several  thousand  inhabitants.  Following 
the  march  of  progress,  the  Echo  moved  from  its  primeval  quarters  into  more 
sumptuous  surroundings,  and  soon  had  a  splendid  establishment  of  its  own,  being 
considered  one  of  the  leading  newspapers  of  central  Oregon,  out  I  understand 
that  it  has  since  suspended  publication. 

People  came  rushing  into  the  Bend  country  by  scores  in  search  of  timber 
claims.  From  100  to  150  came  on  one  train  quite  frequently.  Some  of  them 
hailed  from  Minnesota,  some  from  Wisconsin  or  Michigan,  while  the  Dakotas 
and  other  Middle  Western  states  were  well  represented  in  the  new  immigration. 
They  would  get  off  at  Biggs  Station  and  take  the  Columbia  Southern  Railway 

Page    83 


to  Shaniko,  a  distance  of  80  miles,  thence  by  stage  or  private  conveyance  to 
Prineville,  80  miles  further  on,  and  from  there  to  the  Bend,  an  additional  30 
miles.  Every  vehicle  or  animal  procurable  was  consequently  pressed  into  service 
to  supply  the  abnormal  demands,  and  the  hotels  in  Prineville  and  Shaniko  were 
overflowing  with  guests.  All  summer  long,  in  fact,  the  dusty  roads  between 
Shaniko  and  the  Bend  were  lined  with  travelers,  and  it  was  soon  evident  that 
a  large  proportion  of  them  were  under  contract  to  convey  whatever  timber 
rights  they  might  acquire  to  syndicates  of  Eastern  lumbermen.  All  their  expenses 
had  been  borne  by  the  various  combinations  of  this  character,  and  as  several 
syndicates  were  in  the  field  simultaneously  seeking  to  secure  control  of  these 
lands,  the  rivalry  between  them  became  so  intense  at  times  that  timber  claimants, 
or  ''dummies.''  as  they  were  more  popularly  known,  commanded  a  premium,  and 
the  rush  continued  without  interruption  far  into  the  winter. 

After  making  arrangements  with  the  Deschutees  Echo  relative  to  adver- 
tising the  notices  of  final  proof,  on  the  108  entries,  I  took  a  trip  East  for  the 
avowed  purpose  of  securing  financial  backing  in  the  matter  of  paying  for  the 
lands.  I  consulted  several  lumbermen  on  the  subject,  and  finally  closed  a  deal 
with  William  H.  Bradley,  a  multi-millionaire  lumberman  of  Tomahawk,  Wis- 
consin, whereby  I  guaranteed  to  procure  deeds  in  his  favor  to  the  entire  tract 
embraced  in  the  108  claims  within  one  year  after  final  proof  was  made.  In 
return  he  agreed  to  advance  $600  a  claim  in  order  to  enable  the  entryman  to 
prove  up,  and  to  take  a  year-mortgage  on  the  land  as  security.  It  was  provided 
also  that  the  entire  body  of  timber  should  average  at  least  10,000  feet  per  acre 
of  merchantable  lumber,  and  that  Bradley  should  have  the  privilege  of  sending 
his  own  cruiser  into  the  woods  to  make  the  estimates.  In  addition,  if  the  land 
was  found  satisfactory,  he  was  to  allow  me  a  bonus  of  S6  per  acre,  payable  upon 
presentation  of  deeds  after  final  proof. 

Although  I  had  never  intimated  to  the  locators  in  any  way,  shape  or 
manner  that  it  was  my  ultimate  purpose  to  purchase  these  lands  after  they  had 
been  proved  up  on,  yet  I  intended  doing  so  all  along,  as  I  was  well  aware  that 
on  account  of  their  financial  condition  my  $600  equity  in  each  claim  would  make 
me  master  of  the  situation,  and  that  by  advancing  them  from  $200  to  $300 
additional,  they  would  only  be  too  glad  to  execute  a  deed  in  favor  of  whomsoever 
I  might  designate.  By  pursuing  this  course  we  not  only  expected  to  secure 
absolute  title  to  the  land,  but  also  evade  any  possibility  of  Governmental  prose- 
cution on  conspiracy  charges.  » 

After  closing  the  deal  with  Bradley,  he  sent  out  Ben  Sweet,  of  the  Log  & 
Lumber  Company,  of  Milwaukee,  Wis..  for  the  purpose  of  making  an  estimate 
of  the  timber  on  the  tract,  and  it  was  while  Mr.  Sweet  and  myself  were  on  this 
trip  that  I  had  the  pleasure  of  first  becoming  acquainted  with  Colonel  Alfred  R. 
Greene,  Special  Inspector  of  the  Department  of  the  Interior,  who  figured  after- 
ward, more  or  less,  in  the  prosecution  of  the  cases  against  myself  and  associates 
in  the  famous  township  "11-7"  transaction. 

One  morning  while  Sweet  was  out  in  the  woods  cruising  the  timber.  I 
concluded  to  take  my  rifle  and  endeavor  to  kill  an  antelope,  of  which  there  were 
an  abundance  in  those  days.  A?  I  was  wandering  along  the  road  I  came  across 
a  man  and  his  driver  eating  their  luncheons  at  the  edge  of  the  timber  I  had 
located.  It  required  no  second  glance  to  convince  me  that  I  was  face  to  face 
with  the  distinguished  Government  agent,  because  a  few  days  previously  my 
friend  Fred  A.  Kribs  had  told  me  in  Portland  to  be  on  the  lookout  for  him,  as 
he  was  out  here  investigating  alleged  fraudulent  timber  entries.  Kribs  had 
described  Greene  so  accurately  that  I  felt  right  away  as  if  we  were  old  acquaint- 
ances, although  he  did  not  appear  to  recognize  me. 

"When  you  come  across  a  tall,  gaunt  individual,  with  billygoat  whiskers," 
Kribs  had  said  in  describing  Colonel  Greene  to  me.  "with  iron-gray  hair  and  a 
castor  oil  smile,  who  looks  like  a  cross  between  a  Kentucky  colonel  and  a 
wandering  minstrel,  just  clear  the  track  and  hold  on  to  something,  because  you 

Pa<e  84 


A.  B.  Hammond,  the  Wealthy  Pacific  Coast  lumberman 
who  was  nearly  involved  in  the  land  frauds 


are  standing  in  the  awful  presence  of  Colonel  A.  R.  Greene,  the  renowned 
Government  sleuth."  They  were  bound  for  Silver  Lake,  and  after  my  salutation 
we  engaged  in  general  conversation. 

"Did  you  see  any  stray  sheep  as  you  came  along  the  road?"  I  inquired, 
assuming  the  aspect  of  a  typical  "Rube." 

"Xo,"  answered  Colonel  Greene,  majestically,  ''and  besides  I  am  not 
seeking  to  corral  that  kind  of  animals.  It  is  two-legged  beasts  of  prey  of  the 
land-grabbing  variety  that  I  am  after,  sir,  and  if  you  know  of  any  bell-wethers 
of  that  class  around  here,  just  trot  them  out,  because  they  are  my  game." 

At  this  he  swelled  up  with  as  much  importance  as  a  bullfrog,  until  I 
almost  thought  there  would  have  to  be  an  explosion  in  order  to  relieve  the 
pompous  congestion.  I  realized  at  once  that  he  mistook  me  for  a  sheepherder, 
and  proceeded  to  encourage  him  in  the  belief.  He  proved  to  be  a  voluble  con- 
versationalist, and  in  almost  less  time  than  it  takes  to  describe  it  here.  Colonel 
Greene  had  imparted  the  whole  secret  of  his  mission,  laying  particular  stress 
upon  the  fact  that  immense  frauds  were  being  committed  against  the  Govern- 
ment by  numerous  large  irrigation  companies  in  the  Deschutes  region,  and  wound 
up  his  tirade  against  everything  land-grabical  by  asking  me  point  blank  if  I 
knew  a  person  by  the  name  of  S.  A.  D.  Puter. 

"Puter — Puter — "  I  repeated,  quizzically.  "Appears  to  me  that  name 
sounds  familiar.  Who  does  he  herd  sheep  for?" 

"Herd  sheep  be  d d !"  fairly  snorted  the  Colonel.  "He  herds  'dum- 
mies' up  here  in  the  woods,  and  shears  these  forests  of  their  pristine  grandeur. 
Why.  sir,"  he  continued,  growing  radiant  in  expression  under  the  inspiration 
of  his  eloquence,  "a  pine  tree  out  here  alone  isn't  any  safer  in  that  man's  hands 
than  a  virtuous  maiden  in  the  harem  of  a  Sultan  !" 

Pointing  in  the  direction  of  the  timber,  Colonel  Greene  added:  "That 
man  Puter  has  located  over  100  people  out  there  under  the  timber  and  stone  act, 
charging  them  $150  each  as  a  location  fee.  I  am  satisfied  it  is  a  part  of  the  game 
for  him  to  get  hold  of  the  titles  for  some  company,  but  thus  far  he  has  eluded 
every  effort  of  mine  to  ferret  out  his  scheme.  At  Prineville  I  interviewed  a 
lot  of  people  whom  he  located  on  these  lands,  but  he  has  pulled  the  wool  over 
all  their  eyes,  making  them  believe  that  they  are  taking  up  land  for  their  own 
use  and  benefit,  as  the  law  prescribes,  although  charging  them  this  location 
fee  of  $150,  besides  agreeing  to  loan  them  $600  to  pay  for  their  land." 

Whatever  his  other  failings.  I  saw  that  Colonel  Greene  had  the  dope  on 
me  all  right,  so,  after  getting  all  the  information  I  could  from  him  on  the  subject, 
I  took  my  departure,  and  circled  around  back  to  camp.  Sweet  finished  his 
estimates  a  few  days  later,  his  computations  indicating  that  the  tract  would 
average  over  12,000  feet  of  clear  lumber  to  the  acre,  so  all  I  had  to  do  was  to 
abide  the  period  of  final  proof. 

Subsequent  events,  however,  proved  how  uncertain  the  common  affairs 
of  life  are.  Just  before  the  time  for  making  final  proof  on  the  108  entries  had 
expired,  Mr.  Bradley  died  suddenly,  leaving  me  up  in  the  air  so  far  as  a  financial 
backer  was  concerned,  and  as  I  did  not  have  sufficient  time  in  which  to  secure 
someone  else  to  take  his  place  along  those  lines,  my  only  course  was  to  have 
the  entrymen  readvertise  their  claims,  involving  considerable  extra  expense. 
However,  I  succeeded  in  compromising  with  the  Deschutes  Echo  on  the  costs 
to  the  extent  of  securing  an  agreement  that  the  paper  would  republish  the  notices 
at  half  price,  so  I  personally  assumed  the  additional  expense  of  $540,  and  the 
entrymen  were  satisfied  to  let  matters  stand  upon  that  basis. 

After  completing  these  arrangements,  I  once  more  proceeded  Eastward 
in  search  of  a  new  financial  backer,  and  found  him  in  the  person  of  X.  H.  Withee. 
a  retired  capitalist  of  La  Crosse,  Wis.,  and  already  the  owner  of  about  30,000 
acres  of  fine  timber  land  in  Lane  county,  Oregon.  He  organized  a  company 
of  local  lumbermen,  all  of  whom  were  willing  to  go  in  with  me  under  similar 
conditions  existing  between  Mr.  Bradley  and  myself. 

Page   86 


Colonel  A.  R.  Greene,  Ex-Special  Inspector,  Interior  Department 
who  lifted  the  lid  from  the  Oregon  land  frauds 


Upon  my  return  Mr.  \Yithee  accompanied  me  to  Oregon  for  the  purpose 
of  making  a  personal  inspection  of  my  offerings,  and  it  was  on  this  occasion  that 
I  received  an  instructive  object  lesson  concerning  certain  features  of  the  timber 
business.  While  we  were  cruising  the  timber,  he  noticed  some  white  moss 
hanging  from  the  limbs  of  many  of  the  trees,  and  declared  that  it  was  an  indica- 
tion of  dry  rot.  Procuring  an  ax,  we  proceeded  to  investigate,  and  wherever 
we  cut  into  a  tree  of  this  character  we  found  it  badly  decayed  on  the  inside, 
rendering  it  commercially  valueless.  Although  there  was  but  a  small  per- 
centage of  the  timber  in  this  condition,  it  was  sufficient  in  Mr.  Withee's  eyes  to 
cause  him  to  reject  the  whole  body,  so  I  was  obliged  to  seek  for  another 
"angel." 

He  appeared  in  the  person  of  A.  B.  Hammond,  a  wealthy  lumber  dealer 
and  railroad  operator  of  San  Francisco,  who  owns  vast  tracts  of  timber  lands 
in  Clatsop,  Tillamook,  Linn  and  Lane  counties.  Oregon,  besides  a  controlling 
interest  in  the  .Astoria  &  Columbia  River  Railroad,  and  the  O.  P.  R.  R.,  running 
from  Yaquina  Bay  via  Albany  to  Detroit,  Oregon.  He  also  has  immense  red- 
wood timber  holdings  in  Humboldt  county,  California,  in  addition  to  logging 
railways  and  sawmills  too  numerous  to  mention.  In  short.  Mr.  Hammond  is 
considered  one  of  the  heaviest  individual  timber  land  operators  on  the  Pacific 
Coast. 

After  discussing  the  situation  with  him  in  all  its  details,  he  agreed  to 
go  in  with  me  on  the  deal  and  advance  the  money  for  making  final  proof  on 
my  108  entries,  and  take  a  mortgage  on  the  claims,  providing,  however,  that  I 
would  agree  to  give  him  one-half  the  location  fee  of  $150,  and  guarantee  a 
perfect  title  to  the  land  at  a  price  not  to  exceed  $6  per  acre.  We  entered  into 
an  agreement  to  that  effect,  and  Mr.  Hammond  sent  Peter  S.  Brumby,  his  chief 
cruiser,  with  me,  for  the  purpose  of  making  a  preliminary  examination  of  the 
tract  in  order  to  see  how  the  timber  compared  with  Ben  Sweet's  estimates. 
Brumby  reported  favorably,  and  it  began  to  look  as  if  the  hoodoo  had  vanished. 

I  thereupon  called  upon  F.  P.  Mays  and  informed  him  of  the  changed 
conditions,  and  how  the  time  was  so  short  in  which  to  operate  that  I  was  com- 
pelled to  give  up  one-half  the  location  fee  to  Mr.  Hammond  as  an  inducement 
for  him  to  go  into  the  deal.  In  view  of  the  situation,  Mays  consented  to  make 
a  new  agreement  with  me  upon  the  basis  of  accepting  $25  per  claim  for  getting 
the  patents,  this  amount  to  be  paid  Senator  Mitchell  for  his  services. 

In  conformity  with  my  arrangement  with  Mr.  Hammond,  Wm.  G.  Goss- 
lin,  his  private  secretary,  caused  to  be  printed  two  special  sets  of  blank  mortgages. 
The  first  was  for  the  entrymen  to  execute  in  favor  of  A.  B.  Hammond  for  $450, 
the  amount  he  was  to  advance  in  making  final  proof  and  payment,  and  was 
to  run  one  year  at  the  rate  of  ten  per  cent,  interest  per  annum.  The  second 
mortgage  called  for  $160  in  favor  of  S.  A.  D.  Puter,  and  covered  the  location 
fee  of  $150  and  $10  for  advertising  the  notices  of  final  proof.  As  a  matter  of 
fact,  there  was  a  covert  purpose  behind  all  these  red  tape  proceedings.  It  was 
obvious  that  the  more  densely  we  surrounded  the  various  transactions  with 
cloaks  of  this  character,  the  deeper  would  be  the  impression  of  legitimacy,  not 
only  with  the  entrymen,  but  the  Government  itself  was  likely  to  be  thrown  off 
its  guard  in  the  face  of  such  evidence  of  compliance  with  legal  requirements. 

Hammond's  manager,  Geo.  B.  McLeod,  and  myself  then  proceeded  to 
Prineville,  he  bringing  the  blank  mortgages,  together  with  the  money  necessary 
for  making  the  final  payment.  Upon  his  inquiry  as  to  what  arrangements  I  had 
made  in  reference  to  securing  Mr.  Hammond  in  his  one-half  interest  in  the  $150 
location  fees,  I  informed  McLeod  that  I  wa?  wnlling  to  leave  that  feature  of  it 
to  himself,  to  fix  up  in  any  manner  he  deemed  advisable.  I  also  told  him  about 
my  arrangement  to  allow  Mays  $25  each,  to  be  paid  Senator  Mitchell  for  expedit- 
ing the  patents  to  the  different  claims,  and  to  this  McLeod  objected,  declaring 
that  Hammond  would  not  stand  one-half  of  the  amount  when  United  States  Sen- 
ator Charles  W.  Fulton  was  getting  patents  through  on  other  lands  belonging  to 

Page    88 


Hammond  for  a  great  deal  less  money,  $10  each  being  his  regular  price,  and 
where  there  were  so  many  to  be  handled,  as  in  this  instance,  he  thought  a  joblot 
rate  could  be  secured  from  Fulton.  Upon  this  showing  I  acquiesced  in  the 
arrangement  to  have  Senator  Fulton  attend  to  all  future  business  of  this 
nature,  and  whatever  his  charges  might  be,  that  I  would  gladly  stand  my  share. 

At  this  stage  of  the  proceedings  the  entrymen  refused  to  sign  the  two 
mortgages,  and  I  was  up  against  it  once  more.  They  based  their  objections 
upon  the  allegation  that  I  had  departed  from  my  original  agreement  with 
them,  and  also  because  there  were  rumors  that  the  Government  intended  to 
attack  all  the  entries.  In  the  event  this  proved  to  be  case,  they  insisted  that  I 
enter  into  another  agreement  with  them  to  defray  all  their  expenses  to  the  Lake- 
view  land  office,  and  to  bear  whatever  costs  were  incurred  by  the  proceedings. 

This  I  declined  to  do,  stating  that  I  did  not  believe  there  would  be  any 
trouble,  but  that  if  there  should  be,  that  I  would  help  out  all  I  could,  even  to 
the  extent  of  engaging  an  attorney  to  represent  them  at  any  hearing  before  the 
local  land  office.  They  also  refused  to  sign  an  order  requesting  the  Register 
and  Receiver  of  the  Lakeview  land  office  to  return  the  purchase  price  of  $400 
to  the  Bank  of  Prineville,  subject  to  Mr.  McLeod's  order.  The  law  requires  that 
the  public  lands  shall  be  paid  for  personally  by  the  entrymen,  and  our  intention 
was  to  have  the  Bank  of  Prineville  issue  drafts  in  the  name  of  each  locator 
for  $400  at  the  time  of  making  final  proof,  as  the  United  States  Commissioners 
are  supposed  to  send  the  cash  payments  to  the  land  office  at  the  same  time  the 
final  proof  papers  are  transmitted.  In  case  of  the  rejection  of  any  of  the  entries, 
the  money  and  title  papers  would  be  returned  to  the  Commissioner,  who  was 
expected  to  turn  the  drafts  over  to  the  entrymen,  as  it  was  for  the  purpose 
of  protecting  Mr.  Hammond  that  the  idea  was  adopted  of  having  the  locators 
sign  an  order  on  the  Commissioner  for  the  full  amount  of  their  payments  in 
favor  of  Mr.  McLeod,  as  Hammond's  representative. 

The  obstinacy  of  the  entrymen  had  the  effect  of  causing  McLeod  to 
abandon  the  idea  of  further  efforts  in  the  direction  of  acquiring  title  under  the 
timber  and  stone  act,  and  he  suggested  that  we  return  to  Portland  forthwith  and 
purchase  forest  reserve  scrip  with  which  to  select  the  lands  under  the  act  of 
June  4,  1897.  It  was  also  apparent  to  McLeod  that  the  entrymen,  actuated  by 
the  belief  that  I  was  already  out  to  the  extent  of  about  $2,000,  were  attempting 
to  hold  me  up  in  the  belief  that  I  would  accede  to  their  demands  rather  than 
sacrifice  that  amount.  I  concurred  with  McLeod,  both  as  to  his  deductions  and 
remedy,  and  as  only  ten  days  remained  in  which  to  make  payment  and  complete 
the  final  proofs  before  the  lands  would  revert  back  to  the  Government  and  again 
become  subject  to  entry,  we  proceeded  to  Portland  with  as  little  delay  as 
possible. 

About  20,000  acres  of  scrip  were  required  to  cover  the  selections  embraced 
in  the  108  entries  alluded  to,  and  we  found  that  it  was  a  most  difficult  matter 
to  secure  such  a  large  quantity,  as  nearly  all  holders  wanted  the  scrip  for  their 
personal  uses.  McLeod  having  failed  to  make  good  in  this  connection,  and  as 
there  was  no  time  to  lose,  I  proceeded  to  seek  another  customer.  I  soon  found 
him  in  the  person  of  William  R.  Thorson,  of  the  Manestee  Lumber  Company, 
of  Manestee,  Mich.,  who  was  at  that  time  stopping  at  the  Hotel  Portland.  He 
had  100,000  acres  of  available  forest  reserve  scrip,  and  it  required  little  effort 
on  my  part  to  convince  him  as  to  the  feasibility  of  the  scheme  of  securing  the 
lands.  He  agreed  to  scrip  the  entire  tract  and  pay  me  50  cents  an  acre  for  all  the 
lands  that  would  estimate  10,000  feet  of  merchantable  lumber  per  acre. 

In  conformity  with  this  view  of  the  situation,  Mr.  Thorson's  attorney 
and  myself  started  post  haste  for  the  Lakeview  land  office,  via  California  and 
Reno,  Nev.,  that  being  the  most  expeditious  route  on  account  of  a  lack  of  railway 
facilities  in  other  directions.  We  were  not  a  moment  too  soon,  either,  for  within 
two  days  after  we  had  filed  our  scrip  on  the  land,  60  applications  under  the 
timber  and  stone  act  were  received  at  the  land  office  in  one  bunch  from  Prine- 

Page    89 


ville,  and  they  all  had  to  be  returned,  as  we  had  corralled  everything  in  sight. 
As  soon  as  I  got  back  to  Portland,  Mr.  Thorson  paid  me  my  commission  of 
50  cents  an  acre  on  the  20.000  acres,  and  later  the  lands  were  patented  to  the 
Manestee  Lumber  Co. 

It  all  goes  to  show  that  Uncle  Sam  was  a  big  loser  by  the  operation,  as 
under  the  timber  and  stone  act  the  Government  would  have  received  $2.50  an 
acre  for  the  land,  or  practically  $50,000,  while  under  the  act  of  June  4,  1897,  it 
got  nothing  except  an  equivalent  area  in  the  San  Francisco  Mountain  Forest 
Reserve,  of  slight  intrinsic  value. 

Had  the  original  plan  terminated  in  success,  my  profits  on  this  one  deal 
would  have  probably  exceeded  $25,000.  Mays  also  wrould  have  come  in  for  a 
goodly  share  of  the  proceeds  by  reason  of  his  services  in  expediting  the  patents, 
as  it  will  be  remembered  he  was  to  receive  one-half  the  $150  location  fee,  or  a 
total  of  $8,100  for  the  108  claims.  No  doubt  he  would  have  retained  the  lion's 
share  of  this  amount,  as  that  was  second  nature  with  him.  although  he  doubtless 
would  have  been  obliged  to  let  go  of  some  of  it  as  a  lubricant  for  the  machinery 
at  Washington  for  grinding  out  the  land  patents. 

Although  I  netted  about  $7,500  by  the  transaction,  I  stood  to  lose  at  least 
$2,000  on  account  of  the  death  of  Mr.  Bradley,  my  first  financial  backer.  Had 
I  not  met  with  so  much  bad  fortune,  there  is  hardly  any  doubt  that  Mays' 
scheme,  as  originally  planned,  would  have  been  carried  out  to  the  letter,  and 
title  to  the  entire  tract,  under  the  Timber  and  Stone  act,  would  have  been  pro- 
cured, and,  so  far  as  the  Government  was  concerned,  it  would  have  been  an  utter 
impossibility  to  have  secured  convictions  for  conspiracy  or  any  other  criminal 
charge.  My  object  in  mentioning  this  is  merely  to  show  what  an  easy  matter  it 
would  have  been  to  defraud  the  Government  out  of  this  tract  of  timber,  and 
at  the  same  time  avoid  any  possible  chance  of  prosecution,  either  against  those 
who  made  the  filings,  the  purchasers  of  the  lands  from  the  original  entrymen,  or 
myself. 


Special  agent  mating  a  field  investigation 


Page  90 


Chapter  VII 


Petty  controversies  between  McKinley  and  young  Lloyd  over  money  matters 
furnishes  the  basis  for  the  first  land  fraud  indictments  in  Oregon — 
Colonel  Greene  has  his  suspicions  aroused  by  reason  of  the  "24-1" 
transaction,  and  lifts  the  lid  from  the  ugly  mess — Incidentally,  Special 
Agent  Linnen,  of  the  General  Land  Office,  distinguishes  himself  in  the 
terpsichorean  art  while  in  search  of  evidence  against  the  conspirators — 
Francis  J.  Heney,  Special  Assistant  to  the  United  States  Attorney-General, 
makes  his  initial  appearance  at  the  land  fraud  trials,  and  his  presence 
causes  a  general  scurrying  to  shelter  by  the  two  female  defendants,  as 
well  as  considerable  anxiety  on  the  part  of  F.  P.  Mays. 

IT  WILL  be  remembered  that  in  a  former  chapter  reference  was  made  to  a 
certain  transaction  between  George  Lloyd,  through  his  son,  Clyde  D.  Lloyd, 
and  Horace  G.  McKinley,  over  which  a  dispute  arose,  and  it  might  be  stated 
here  that  this  controversy  was  the  basis  of  all  subsequent  indictments,  together 
with  the  trials  incident  thereto. 

Clyde  D.  Lloyd,  after  employing  persuasive  measures  with  McKinley  for 
fully  a  year,  to  the  end  that  the  $1,500  he  had  paid  Horace  for  the  three 
fraudulent  claims  in  Township  24  South  Range  1  East,  should  be  returned  to 
him,  finally  became  impatient  and  proceeded  to  press  McKinley  for  the  money. 
Thereupon  the  latter  deposited  the  amount  in  a  bank  at  Eugene  in  escrow,  and 
immediately  informed  Lloyd  of  the  fact,  stating  that  it  would  be  turned  over 
to  him  upon  receipt  of  a  contract  exhibiting  McKinley 's  interest  in  what  is 
commonly  known  as  Puter's  Marion  county  tract. 

About  this  time  McKinley  learned  that  Lloyd  contemplated  disposing  of 
these  lands  without  consulting  him,  notwithstanding  the  fact  that  according  to 
the  original  agreement  they  were  to  participate  share  and  share  alike  in  the 
profits.  This  agreement,  it  will  be  understood,  was  of  a  verbal  character,  and 
as.  McKinley  had  no  writing  whereby  he  might  be  able  to  establish  his  interests, 
and  it  appearing  to  him  that  further  delay  could  only  result  in  jeopardizing 
matters  still  further,  he  brought  suit  against  Lloyd  for  an  amount  sufficient  to 
cover  his  share  of  the  expected  profits.  Judge  Thomas  O'Day,  of  Portland, 
appeared  for  McKinley  in  this  case,  as  he  did  also  throughout  the  entire  land 
fraud  trials  that  followed. 

When  Clyde  Lloyd  ascertained  that  an  action  had  been  commenced  against 
him,  he  called  upon  me  for  advice,  and  my  recommendation  was  that  he  consult 
with  McKinley  at  once  and  compromise  the  case,  having  in  mind  that  if  the 
litigation  was  pressed  it  might  lead  to  exposure  of  the  fraudulent  transactions 
concerning  the  manner  in  which  public  lands  were  being  acquired,  and  prove 
disastrous  to  all  involved.  However,  Lloyd  was  obstinate  and  declined  to  enter- 
tain the  proposition  of  compromise,  insisting  upon  employing  counsel.  Thinking 
to  protect  myself,  and  knowing  that  F.  Pierce  Mays  was  an  interested  party  as 
well  as  my  attorney,  I  lost  no  time  in  advising  Lloyd  to  call  upon  him.  Later  I 
was  pleased  to  learn  that  the  bait  had  been  properly  swallowed. 

Shortly  afterward  George  Lloyd  appeared  upon  the  scene,  and  after  a 
conference  with  his  son,  he,  too,  called  upon  me  for  advice.  Following  previous 
lines,  I  counseled  a  compromise  as  the  best  solution  of  the  problem,  but  being 
in  the  dark  relative  to  the  unenviable  position  his  son  was  in,  by  reason  of  having 
taken  the  acknowledgment,  as  a  notary  public,  of  Robert  Simpson,  a  fictitious 

Page    91 


person,  Lloyd  senior  refused  to  accede  to  my  suggestions,  stating  that  McKinley 
had  deliberately  transferred  three  fraudulent  claims  to  his  son,  obtaining  $1.500 
thereon,  and  that,  from  all  appearances.  McKinley  was  holding  this  over  his  son 
as  a  lash  to  force  him  to  sign  the  contract. 

Observing  that  Lloyd,  senior,  was  determined  to  proceed  in  the  matter 
I  once  more  resorted  to  my  favorite  tactics  of  sending  him  to  Mays.  The  in- 
terview between  them  did  not  prove  as  satisfactory  as  I  had." anticipated,  however, 
it  appearing  to  Lloyd  senior  that  the  attorney  was  too  "busy''  to  look  after  his 
interests,  as  he  kept  putting  him  off  from  time  to  time,  and  evidently  dodging 
the  issue.  The  action  of  Mays  in  the  premises  was  thoroughly  understood  by 
me.  it  being  the  policy  to  postpone  matters  long  enough  to  give  Mays  an  oppor- 
tunity to  "pour  oil  on  the  troubled  waters." 

Dissatisfaction  with  Mays'  tactics  impelled  George  Lloyd  to  visit  Eugene, 
Oregon,  where  he  called  upon  Miss  Marie  L.  \Yare,  the  United  States  Com- 
missioner before  whom  the  final  proofs  were  made  upon  the  six  fraudulent  claims. 
Xot  being  able  to  gain  any  satisfactory  information  from  her,  Mr.  Lloyd  pro- 
ceeded to  the  Roseburg  Land  Office,  where  he  met  Col.  A.  R.  Greene,  at  that 
time  Special  Inspector.  Department  of  the  Interior,  but  since  transferred  to  the 
superintendency  of  an  Indian  Reservation  in  Oklahoma.  Lloyd  made  Colonel 
Greene  his  "Father  Confessor"  in  the  matter  of  the  alleged  frauds,  and  acting 
upon  this  information,  the  Special  Inspector  hastened  to  Eugene,  where  he 
indulged  in  a  heart-to-heart  talk  with  Marie  Ware  upon  the  subject. 

In  all  probability  he  gained  enough  information  from  her  to  warrant 
the  opinion  that  all  was  not  exactly  as  it  should  be,  as  he  immediately  detailed 
Special  Agent  E.  P.  Linnen,  of  the  Roseburg  Land  Office,  to  make  further  in- 
vestigation. The  Special  Agent  obeyed  instructions  by  repairing  to  Eugene 
and  calling  upon  Miss  Ware,  from  whom  he  received  such  oral  admissions  that 
he  felt  justified  in  having  her  incorporate  them  in  an  affidavit. 

On  the  day  following  the  arrival  of  Linnen,  the  keeper  of  one  of  the  local 
bawdy  houses  called  at  the  United  States  Commissioner's  office  and  informed 
Miss  \Yare  that  on  the  preceding  evening  a.  gentleman  who  had  passed  the  night 
in  her  resort  had  become  greatly  intoxicated,  and  had  frequently  dropped  a 
bundle  of  papers  on  the  floor  of  her  establishment  while  "tripping  the  light  fan- 
tastic" with  some  of  the  inmates. 

"Upon  discovering  the  nature  of  the  papers,"  continued  the  woman,  "I 
concluded  to  bring  them  to  you,  as  I  noticed  your  signature  upon  them,  and 
thought  perhaps  they  might  have  been  stolen  from  your  office." 

Miss  Ware  gave  assurance  that  the  documents  had  not  been  stolen,  but 
properly  belonged  to  the  individual  who  had  lost  them,  and  she  requested  her 
informant  to  tell  the  gentleman,  the  next  time  he  called,  that  the  papers  were  in 
her  possession,  and  that  he  could  have  them  upon  application  at  her  office. 

Upon  recovering  from  the  effects  of  his  debauch.  Linnen  again  called  upon 
Miss  Ware  and  asked  for  the  restoration  of  the  documents,  stating  that  he  had 
mislaid  them,  and  had  learned  that  they  had  been  returned  to  her  custody.  This 
request  was  readily  complied  with. 

The  Special  Agent  then  reported  his  findings  to  Inspector  Greene,  who  in 
turn  submitted  them  to  John  H.  Hall,  at  that  time  United  States  Attorney  for 
Oregon,  who  presented  the  whole  matter  in  detail  to  the  consideration  of  United 
States  District  Judge  Charles  B.  Bellinger  (now  deceased.) 

After  an  examination  of  the  affidavits  in  question,  and  in  view  of  the 
situation  as  presented  to  him.  Judge  Bellinger  summoned  Miss  Ware  to  Portland. 
As  a  result  of  the  conference  between  the  two.  it  was  decided  that  she  should  be 
removed  from  office. 

McKinley  and  I  were  in  Chicago  during  this  period,  arid  upon  receiving 
telegraphic  advices  from  Miss  Ware  that  trouble  was  brewing,  we  lost  no  time  in 
returning  to  Portland,  where  I  immediately  held  an  interview  with  F.  Pierce 
Mays  concerning  the  conditions.  Mays  appeared  very  much  perturbed  over  the 

Page  92 


The  late  Charles  B.  Bellinger,  United  States  District  Judge  for  Oregon 

who  presided  at  the  11-7  trial 


situation,  and  suggested  that  I  advise  Marie  Ware  to  resign  her  office  forthwith, 
explaining  that  any  effort  upon  her  part  to  attempt  to  hold  her  position  in  the  face 
of  all  the  charges  that  had  been  preferred  against  her,  would  only  have  a  tendency 
to  make  matters  worse,  and  that  in  any  event  her  dismissal  was  inevitable. 

I  pleaded  with  Mays  that  something  might  be  done  to  ameliorate  con- 
ditions, but  he  was  inexorable,  insisting  that  he  was  on  the  "inside,"  and  that  he 
had  been  advised  by  his  brother,  Edwin  P.  Mays,  who  was  then  United  States 
Attorney  Hall's  assistant,  that  Judge  Bellinger's  mind  had  been  fully  made  up. 
and  that,  if  we  had  any  hope  of  saving  ourselves,  we  must,  of  necessity,  sacrifice 
Miss  Ware,  and  if  the  worse  came  to  the  worse,  get  her  out  of  the  country 
altogether. 

Shortly  after  this  interview  occurred,  Mays  informed  me  that  he  had 
conversed  with  his  brother  further  upon  the  subject,  and  had  been  apprised  that 
Hall  was  about  to  subpoena  Miss  Ware  to  appear  before  the  Federal  Grand 
Jury,  then  in  session,  urging  that  Miss  Ware  be  smuggled  away  with  as  quick 
dispatch  as  possible. 

Acting  upon  this  suggestion,  and  being  well  aware  that  F.  Pierce  Mays 
had  a  strong  "pull"  in  the  United  States  Attorney's  office,  not  only  through  his 
brother,  but  with  Hall,  himself,  and  that  on  account  of  his  complicity  with  me  in 
land  fraud  matters — as  well  as  with  others — he  was  being  governed  by  personal 
considerations  mutually  beneficial,  I  proceeded  to  carry  out  his  ideas  without  de- 
lay. In  answer  to  my  telephonic  request,  Miss  Ware  came  to  Portland  on  the 
morning  after  the  conference  between  Mays  and  myself  took  place,  prepared  to 
leave  the  city  until  after  the  adjournment  of  the  Grand  Jury. 

She  was  met  at  the  East  Side  depot  by  Horace  G.  McKinley  and  myself, 
and  spirited  to  the  residence  of  Alice  White,  175  Ford  Street,  Portland,  where 
she  remained  in  seclusion  for  several  days.  Upon  completion  of  arrangements 
for  their  departure.  Miss  Ware  and  Alice  White  were  given  railway  transporta- 
tion and  funds  sufficient  to  cover  their  expenses,  and  sent  to  Vancouver,  B.  C., 
beyond  the  jurisdiction  of  Uncle  Sam. 

Not  long  afterward  we  received  a  letter  from  Miss  Ware,  complaining 
of  homesickness,  and  requesting  that  she  might  return  to  Portland  and  go  to 
California.  We  agreed  to  this,  and  within  a  few  days  both  Miss  Ware  and 
Miss  White  were  en  route  to  Los  Angeles,  California.  Upon  their  arrival  they 
went  to  the  Hotel  Van  Xuys,  one  of  the  swell  establishments  of  the  southern 
metropolis,  where  they  remained  about  a  week,  when  Miss  Ware  learned  that 
an  information  had  been  filed  against  herself  and  Horace  G.  McKinley,  upon 
charges  of  conspiracy  to  defraud  the  Government  of  its  public  lands. 

Acting  upon  my  advice,  she  notified  Judge  Bellinger  by  wire  of  a  willing- 
ness to  return  to  Portland  immediately,  and  soon  after  her  arrival,  both  herself 
and  McKinley  appeared  in  Court,  and  through  their  attorneys,  Judge  Thomas 
O'Day  and  F.  Pierce  Mays,  demanded  an  immediate  examination.  This  was 
accorded  them,  the  proceedings  taking  place  before  United  States  Commissioner 
J.  A.  Sladen.  Clyde  D.  Lloyd,  Special  Inspector  A.  R.  Greene,  and  R.  W. 
Veach  testified  as  witnesses  upon  behalf  of  the  Government,  and  the  examination 
resulted  in  both  defendants  being  held  to  appear  before  the  United  States  Grand 
Jury,  bail  in  each  case  being  fixed  at  $2000,  which  was  given. 

Three  or  four  months  later — in  October,  1903 — I  was  in  Portland,  and 
called  upon  F.  Pierce  Mays  at  his  office.  My  purpose  in  coming  to  Portland  at 
that  time  was  to  consult  with  him  relative  to  the  advisability  of  his  making  suitable 
arrangements  to  quash  any  possible  indictments  against  myself.  After  review- 
ing the  situation,  Mays  informed  me  that  sufficient  evidence  had  been  produced 
at  the  preliminary  examination  of  Marie  Ware  and  Horace  G.  McKinley  to 
warrant  the  Grand  Jury  in  finding  indictments  against  them,  and  furthermore 
that  he  had  since  learned  that  United  States  Attorney  Hall  had  secured  enough 
additional  evidence  to  justify  the  indictment  of  Mrs.  Emma  L.  Watson  and 
myself,  and  that  it  was  the  intention  to  do  so. 

Page  94 


After  parleying  with  Mays  for  several  hours  in  an  effort  to  convince  him 
that  I  would  not  stand  to  be  indicted,  and  that  the  proceedings  must  be  stopped, 
he  assured  me  that  I  was  taking  the  wrong  course ;  that  the  best  way  would  be  to 
court  such  a  proceeding,  explaining,  as  he  did.  that  it  was  bound  to  come  sooner 
or  later,  and  that,  because  of  his  influence  with  Mr.  Hall,  matters  would  termin- 
ate to  my  entire  satisfaction  at  the  proper  time. 

Mays  argued  that  Hall's  term  of  office  had  already  expired,  and  that  some- 
one else  might  be  appointed  as  his  successor  at  any  moment,  and  if,  perchance, 
the  new  incumbent  should  develop  into  a  political  or  professional  enemy,  the 
status  of  affairs  might  assume  a  very  serious  aspect.  On  the  other  hand,  if 
indictments  were  brought  against  myself  and  colleagues  at  this  time,  while 
District  Attorney  Hall  was  yet  in  office,  it  was  reasonable  to  believe  that  the  latter 
would  be  retained  by  the  Government  to  prosecute  the  suits,  and  with  Hall  in 
office,  Mays  could  have  the  cases  postponed  from  term  to  term  anjl  eventually 
wear  the  Government  out,  or  arrange  to  have  them  dismissed  altogether. 

While  admitting  the  force  of  Mr.  Mays'  argument,  as  well  as  his  ability 
to  influence  the  actions  of  United  States  Attorney  Hall,  at  the  same  time  I  could 
not  bring  myself  to  view  the  situation  in  the  same  light  as  he  did,  nor  could  I 
acquiesce  in  his  method  of  procedure  as  applicable  to  my  case.  However,  I  ex- 
plained to  him  that  it  would  be  necessary  for  me  to  go  on  to  Chicago,  where  I 
contemplated  closing  a  big  land  deal,  and  requested,  before  leaving  Portland 
about  three  weeks  later,  that  he  keep  me  posted  regarding  any  action  that  might 
be  taken  by  Hall  during  my  absence. 

I  had  been  in  Chicago  but  a  short  time  when  I  received  word  from  Mays 
to  the  effect  that  indictments  had  been  found  against  Mrs.  Emma  L.  Watson, 
Miss  Marie  L.  Ware,  Dan  W.  Tarpley,  Horace  G.  McKinley  and  myself,  and  ad- 
vising that  I  return  to  Portland  forthwith,  as  my  failure  to  do  so  would  result  in 
the  dispatch  of  a  United  States  deputy  marshal  after  me.  Upon  receipt  of  this  in- 
telligence, I  wrote  Mays,  urging  him  to  see  Hall  with  a  view  of  arranging  for  me 
to  remain  East  a  few  weeks  longer,  at  the  same  time  explaining  that  I  expected  to 
consummate  a  deal  of  considerable  importance,  and  must  have  additional  time 
in  which  to  adjust  its  details. 

Mays  as  a  reply  notified  me  that  he  had  talked  with  Hall  about  my  case, 
and  that  everything  had  been  "fixed,"  but  suggested  that,  in  order  to  show  my 
good  faith,  and  to  square  Hall,  it  would  be  well  for  me  to  wire  the  United 
States  Attorney's  office  at  Portland,  and  outline  my  position  to  him.  This  I  did, 
and  subsequent  events  indicated  that  Mays  had  not  misled  me  relative  to  Hall 
being  "fixed,"  and  that  my  attorney  knew  what  he  was  talking  about.  Immediate- 
ly after  closing  my  deal  I  returned  to  Portland,  and  in  the  meanwhile  I  was 
not  molested. 

Upon  arrival  in  Portland,  I  called  to  see  Mays,  and  was  informed  that  I 
had  been  indicted  .in  the  Tp  24  S.,  R.  1  E.  case,  and  that  I  had  no  cause  to  worry, 
as  everything  would  come  out  all  right.  I  then  made  a  visit  to  Hall's  office,  and, 
acting  under  the  advice  of  Mays,  treated  the  incident  in  the  nature  of  a  friendly 
call,  and  was  received  accordingly  by  the  Government  prosecutor.  Nothing  was 
said  about  giving  bonds  by  Hall,  and  I  did  not  deem  it  expedient  to  broach  the 
subject  myself.  Before  leaving  Portland  a  few  weeks  later,  however,  I  again 
called  upon  Hall,  and  furnished  bail  for  my  appearance  when  wanted  in  the  sum 
of  $4000. 

It  might  be  stated  here  that  Marie  L.  Ware,  Dan  W.  Tarpley  and  Horace 
G.  McKinley  had  already  given  security  before  my  arrival  from  Chicago,  and 
that  with  the  exception  of  Mrs.  Emma  L.  Watson,  I  was  the  only  one  delinquent 
in  that  respect. 

Just  before  leaving  for  California,  I  called  upon  Mays  again  and  inquired 
if  it  would  be  advisable  to  have  Mrs.  Watson  appear  and  furnish  the  required 
bonds,  to  which  he  replied  that  if  it  were  possible,  it  would  be  better  to  keep  her 
under  cover,  for  the  time  being,  at  least. 

Page    95 


In  his  capacity  as  my  attorney,  Mays  filed  a  demurrer  to  the  indictment, 
and  a  hearing  thereon  was  held  during  the  first  week  in  November,  1903.  The 
demurrer  was  overruled  by  Judge  Bellinger,  who  set  the  case  for  trial  De- 
cember 14  of  that  year. 

About  this  time  Mays  informed  me  that  he  had  learned  Hall  was  to  have 
an  assistant  in  the  person  of  Francis  J.  Heney,  of  San  Francisco,  who  had  been 
appointed  special  prosecutor  by  the  Government.  Mays -Basked  me  if  I  knew 
Heney,  and  upon  my  replying  in  the  negative,  he  suggested  that  it  might  be  well 
for  me  to  look  up  his  record  when  I  returned  to  San  Francisco,  and  secure  all 
possible  information  concerning  his  standing  and  ability  from  a  legal  point  of  view. 

The  question  of  Mrs.  Watson's  whereabouts  also  seemed  to  perplex  Mr. 
Mays  considerably,  and  he  asked  if  I  knew  where  she  was.  I  told  him  she  was 
at  her  home  in  San  Francisco,  and  that  I  would  probably  see  her  within  a  few  days. 
Mays  thereupon  suggested  that  I  adppt  some  means  of  getting  her  out  of  the 
country,  as  she  was  the  main  spoke  in  the  Government's  case,  being  the  one  to 
whom  the  six  fictitious  claims  had  been  deeded  by  the  supposed  original  entry- 
men.  Mays  contended  that  if  Mrs.  Watson  was  kept  under  cover,  it  would  be  an 
impossibility  for  the  Government  to  establish  any  case  against  the  defendants. 

As  the  time  of  trial  was  drawing  near,  I  asked  Mays  if  he  could  have  the 
cases  postponed,  as  it  was  very  probable  the  secret  service  agents  of  the  Govern- 
ment were  on  the  trail  of  Mrs.  Watson,  and  might,  at  that  very  moment,  have  her 
under  surveillance  in  San  Francisco,  rendering  it  next  to  an  impossibility  for 
me  to  confer  with  her  without  detection,  and  also  making  it  difficult  for  me  to 
get  her  out  of  the  city.  Mays  agreed  with  me  that  additional  time  would  be 
necessary  to  accomplish  the  desired  end,  and  promised  to  see  United  States  Attor- 
ney Hall  and  arrange  with  him  for  a  continuance  of  the  trials. 


Coal  lands  of  Wyoming,  grabbed 
under  the  timber  law 


Page    96 


Chapter  VIII 


Wherein  Mrs.  Emma  L.  Watson  is  spirited  away  under  the  advice  of  Attorney 
F.  P.  Mays,  and  an  interesting  account  is  given  of  the  frantic  efforts 
made  by  the  Government  to  discover  her  hiding-place — Sleuth  Gallagher 
shows  up  to  good  advantage  in  the  start,  but  is  finally  obliged  to  Let  'er 
Go — Puter  relates  the  ingenious  methods  resorted  to  by  himself  and 
McKinley  in  throwing  the  secret  service  man  off  the  scent,  and  altogether, 
enough  queer  mix-ups  occur  to  make  the  affair  a  "Comedy  of  Errors." 

BEING  satisfied  that  Mays  would  attend  to  the  postponement  of  our  trials, 
I  left  Portland  immediately  for  San  Francisco,  where  I  called  upon  Mrs. 
Watson,  and  without  entering  into  details,  endeavored  to  obtain  her  consent 
to  leave  the  city  at  once,  and  to  remain  under  cover  until  such  time  as  I  might 
advise  that  everything  was  all  right.  She,  however,  declined  to  be  made  a 
catspaw  by  any  such  process,  contending  that  she  had  done  nothing  wrong,  and 
that  the  Government  had  no  grounds  upon  which  to  base  its  indictment  against 
her. 

Up  to  this  time  Mrs.  Watson  had  no  knowledge  whatever  of  the  fraudu- 
lent character  of  the  six  claims  in  24-1  which  had  come  into  her  possession,  and, 
believing,  as  she  did,  that  her  title  was  clear  and  the  transaction  perfectly 
legitimate,  she  could  not  understand  why  an  indictment  should  have,  been  returned 
against  her.  Under  the  circumstances,  I  was  forced  to  explain  the  whole  matter 
to  her;  how  the  six  supposed  original  entrymen  were  purely  fictitious  persons, 
and  that,  as  the  different-  tracts  had  been  acquired  through  fraud,  it  only  remained 
for  the  Government  to  produce  evidence  to  that  effect  in  order  to  secure  convic- 
tions. I  reminded  her  of  our  former  conversation  relative  to  Mays  and  myself 
having  entered  into  an  agreement  whereby  we  were  to  share  equally  in  the 
profits  of  the  six  claims;  how  I  was  to  put  up  the  money  necessary  in  getting 
deeds,  amounting  to  $150  per  claim,  or  a  total  of  $900  for  the  six,  Mays  agreeing 
to  meet  the  expenses  incident  to  pulling  out  the  patents,  after  which  we  were 
to  have  a  final  settlement.  I  also  reminded  Mrs..  Watson  of  my  proposition  to 
her — that  she  advance  the  sum  of  $150  per  claim,  or  $900  altogether,  explaining 
to  her  that  my  finances  would  not  justify  further  expenditure,  and  I  did  not 
wish  to  borrow  the  money,  which  proposition  she  had  accepted  upon  condition 
that  all  six  claims  should  be  deeded  to  her  until  such  time  as  Mays  and  myself 
saw  fit  to  dispose  of  them,  when  she  was  to  receive  a  one- fourth  interest  in 
the  net  profits. 

"Now,"  said  I,  "you  accepted  those  six  deeds  from  me  and  paid  over 
the  money  in  the  firm  belief  that  everything  was  straight  and  regular,  and 
in  so  doing  assented  to  a  proposition  that  had  been  arranged  between  Mays 
and  myself,  and  which  we  had  planned  for  you  to  accept  as  a  measure  of  protec- 
tion to  us  both.  With  your  assistance,  the  Government  would  have  a  clear  case 
against  us,  but  without  being  able  to  use  you  as  a  witness,  I  am  advised  by 
Mays  that  the  Government  will  have  no  case." 

I  explained  further  to  Mrs.  Watson  that  in  the  ev.ent  of  our  being  con- 
victed, we  would  lose  the  money  already  invested,  as  the  claims  would  be 
forfeited  and  title  thereto  revert  back  to  the  Government. 

She  upbraided  me  in  severe  terms  for  the  duplicity  I  had  practiced,  and 
demanded,  to  know  by  what  authority  I  had  invested  her  money  in  such  a  reckless 
fashion,  and  why  I  had  imposed  upon  her  confidence. 

Page    97 


"The  very  thought  of  losing  my  money  is  bad  enough,"  said  she,  "and 
now  to  ask  me  to  leave  the  country  for  the  sole  purpose  of  protecting  your 
attorney  and  yourself  is  more  than  I  care  to  endure." 

I  could  readily  perceive  the  equities  of  her  contentions,  but  the  position 
she  assumed  made  it  extremely  embarrassing  all  around.  She  was  home  with 
her  mother  for  the  Christmas  holidays,  and  anticipated  a  season  of  peace  and 
happiness  instead  of  this  rude  disturbance  of  her  plans,.  But  with  me  the 
situation  had  assumed  serious  proportions,  and  something  must  be  done  to  over- 
come her  scruples  in  the  matter.  It  was  not  a  pleasant  task  by  any  means,  but 
I  finally  succeeded  in  gaining  her  consent  to  leave  the  city,  although  she  refused 
positively  to  do  so  until  after  the  Christmas  holidays,  and  no  amount  of  coercion 
could  induce  her  to  do  otherwise.  I  could  not  shake  her  determination  in  this 
matter,  and  being  convinced  that  she  had  already  been  imposed  upon  beyond 
measure,  I  could  not,  under  the  circumstances,  ask  for  any  further  concessions 
from  her. 

Having  thus  agreed  to  take  her  departure,  it  then  became  merely  a  ques- 
tion of  locality,  it  being  considered  important  that  she  should  get  far  enough 
away  from  her  present  surroundings  to  throw  all  possible  pursuers  off  the 
scent.  With  that  idea  in  view,  it  was  settled  that  she  should  visit  points  in 
Southern  California,  keeping  me  in  constant  touch  with  her  movements. 

After  seeing  Mrs.  Watson  safely  off  to  San  Diego,  her  destination — about 
December  27th  or  28th,  1903 — I  returned  to  Portland,  where  I  learned,  through 
Mays,  that  the  cases  had  been  continued.  I  thereupon  went  East,  during  January. 
1904.  and  while  in  Chicago  received  a  letter  from  my  old  partner,  McKinley, 
requesting  me  to  come  to  La  Crosse.  Wi>..  and  advising  me  that  a  Secret  Service 
man  was  there,  going  under  the  name  of  Graham,  but  "whose  real  name, 
McKinley  had  learned,  was  Albert  L.  Gallagher :  that  the  Government  agent  was 
in  La  Crosse  for  the  purpose  of  locating  Mrs.  Watson,  which  information, 
McKinley  a—ured  me.  he  had  obtained  through  an  employe  of  the  local  p«-t- 
office.  He  had  also  ascertained  that  there  was  a  letter  in  the  postoffice  addressed 
i»  Mrs.  Emma  Porter,  which  he  surmised  had  been  written  by  some  detective 
for  the  purpose  of  trapping  Mrs.  Watson. 

That  the  reader  may  properly  understand  the  methods  employed  by  the 
Government  agent  in  thus  addressing  the  letter  in  question,  I  will  direct  atten- 
tion to  the  fact  of  Mrs.  Watson  having  previously  located  a  homestead  claim 
in  Township  11-7  under  the  name  of  Emma  Porter.  The  Secret  Service  Depart- 
ment therefore  naturally  presumed  that  Mrs.  Watson,  while  traveling,  would 
assume  this  cognomen  for  convenience  sake.  They  were  well  aware  that  La 
Crosse  wa-  McKinley's  old  home,  and  that  he  was  visiting  his  relatives  at  this 
particular  time.  They  knew  also  that  we  were  closely  identified  in  fraudulent 
land  transactions,  and  in  constant  communication  with  each  other,  and  that, 
by  making  it  possible  for  him  to  learn  about  the  letter,  it  would  only  be  a 
question  of  time  when  I  became  possessed  of  the  same  information,  and  would 
endeavor  to  impart  it  to  Mrs.  Watson  in  some  way. 

Upon  receipt  of  McKinley's  letter.  1  wired  him  that  I  would  proceed  to 
La  Crosse  at  once,  and  suited  this  action  by  reaching  there  early  the  next  morning. 
registering  at  the  Cameron  House.  A  few  moments  later  I  was  joined  by 
McKinley.  and  as  may  be  imagined,  the  subject  of  Secret  Service  Agent  Gallagher 
occupied  the  limelight  of  our  conversation. 

After  giving  me  a  comprehensive  description  of  the  man.  whom  Horace 
declared  was  likewise  stopping  at  the  Cameron,  he  regaled  me  with  a  descrip- 
tion of  the  Padlock  Holmes  methods  employed  by  the  Government  sleuth  in 
keeping  tab  on  his  movement^ 

"It's  a  fright,"  said  Horace.  "I  can't  lose  the  fellow  for  a  moment. 
He  sticks  to  me  like  a  poor  relation,  and  this  is  the  longest  period  I  have  been 
i»ut  of  his  sight  for  three  day>.  I'm  willing  to  gamble  that  he  will  show  up 
inside  of  five  minutes !" 

Page  98 


Ex -United  States  Senator  Fred  W.  Mulkey,  of  Portland,  chosen  by  the  electors  of  Oregon  to  fill 

the  unexpired  term  caused  by  the  death  of  Senator  Mitchell 


Sure  enough,  McKinley  was  right,  for  he  had  no  sooner  given  utterance 
to  these  expressions  than  the  Government  sleuth  put  in  an  appearance.  He  held 
a  newspaper  in  his  hand,  and  under  pretext  of  reading  it,  took  a  seat  almost 
alongside  of  us,  assuming  an  owl-like  attitude. 

His  work  impressed  me  more  for  its  "rawness"  than  anything  else,  but 
we  both  pretended  not  to  see  him.  The  conversation  that  ensued  between  Mac 
and  myself  for  his  especial  benefit  forms  one  of  the  mos^t  amusing  episodes 
in  my  experience  with  Secret  Service  operatives.  Gallagher"  was  evidently  con- 
gratulating himself  on  his  eminent  success.  He  had  trailed  the  two  arch 
conspirators  to  their  lair,  and  had  caught  them  in  the  act  of  conversing  on  a 
subject  in  which  he,  also,  was  deeply  interested,  so  it  was  plain  to  a  blind  man  that 
visions  of  the  early  capture  of  Mrs.  Watson  flitted  past  his  distorted  imagination. 

"She  will  come  through  on  the  Canadian  Pacific,  and  will  probably  stop 
off  at  Winnipeg  for  a  day.  arriving  here  tomorrow  or  next  day."  I  remarked,  in 
earnest  tones.  "But  there  is  a  possibility  of  her  coming  by  way  of  Milwaukee." 
I  continued  musedly.  "In  any  event.  I  have  engaged  quarters  for  her  with 
Jerry's  wife,  who  will  take  good  care  of  her  while  here." 

"Do  you  consider  it  safe?"  inquired  McKinley. 

"Perfectly  so,"  I  replied.  "They  will  never  suspect  her  whereabouts, 
because  she  is  not  known  here." 

Had  Gallagher  been  sitting  in  McKinley's  lap  he  could  not  have  brought 
his  ears  in  closer  range  to  his  voice  without  running  the  risk  of  serious  conse- 
quences. The  "rubbering"  position  he  assumed  was  killing. 

"Well."  replied  Horace,  halt-dejectedly,  "you  know  how  shrewd  these 
Government  detectives  are — the}'  seem  to  be  endowed  with  the  instincts  of  a 
bloodhound  in  trailing  criminals,  and  scarcely  ever  fail  in  getting  their  man." 

It  was  ludicrous  to  see  Gallagher  swell  up  at  this  juncture,  and  it  was 
all  McKinley  and  I  could  do  to  keep  our  faces  straight,  notwithstanding  the 
seriousness  of  the  situation. 

"Xever  you  mind,"  I  answered  with  an  air  of  confidence;  "Emma  will 
be  safe  with  Jerry's  wife,  and  besides,  she  will  be  made  comfortable,  and  prob- 
ably become  satisfied  to  remain  here  until  after  the  trials." 

"All  right,"  said  McKinley.  "We  will  let  it  go  at  that,  and  in  the 
meantime  I  shall  keep  a  sharp  lookout  for  Secret  Service  men,  in  case  any  of 
them  should  happen  to  stop  off  here." 

After  telling  McKinley  (also  for  Gallagher's  benefit)  that  I  intended  to 
go  on  to  Milwaukee  and  would  return  some  time  during  the  week,  we  concluded 
to  take  a  walk.  We  were  satisfied  with  the  result  of  our  conversation,  and  felt 
that  we  ought  to  give  the  Government  sleuth  the  benefit  of  some  outdoor  exer- 
cise. Besides,  I  had  a  curiousity  to  observe  his  style. 

Our  tramp  covered  a  period  of  about  two  hours,  and  was  greatly  enjoyed 
by  McKinley  and  myself  in  more  ways  than  one. 

The  best  part  of  it  was  in  watching  the  antics  of  Gallagher  in  shadowing 
us.  He  flitted  around  like  a  will-o'-the-wisp,  his  watery  blue  eyes  taking  on  a 
tigerish  expression  at  times,  while  his  brindle  locks  resembled  the  disheveled 
coat  of  a  coyote  under  the  intensity  of  its  owner's  eagerness  of  manner. 

The  question  naturally  arises :  How  did  McKinley  become  possessed  of 
the  knowledge  that  there  was  a  letter  in  the  postoffice  addressed  to  Mrs.  Emma 
Porter?  Also,  how  had  he  learned  of  Gallagher's  presence  and  become  aware 
of  his  correct  name? 

As  to  the  letter.  Gallagher,  being  a  Government  officer,  had  arranged 
with  the  postmaster  of  La  Crosse  to  let  McKinley  know,  in  an  assumedly  acci- 
dental way.  that  such  a  letter  had  been  in  his  office  for  quite  awhile,  and 
incidentally  to  ask  Horace  if  he  knew  any  such  person.  McKinley,  of  course, 
could  have  but  one  reply :  he  was  not  acquainted :  but.  to  all  intents  and  purposes, 
the  seeds  of  curiosity  were  planted  in  McKinley's  breast,  so  that  all  the  Govern- 
ment officials  had  to  do  was  to  wait  patiently  for  the  harvest. 

Page    100 


This  same  postmaster  had  unwittingly  imparted  to  a  third  person  full 
information  pertaining  to  Gallagher's  presence,  and  that  he  was  in  La  Crosse  for 
the  purpose  of  watching  McKinley,  with  a  view  of  ultimately  ascertaining  the 
whereabouts  of  Mrs.  Watson,  and  getting  her  within  the  grasp  of  the  law. 

The  one  with  whom  the  postmaster  had  thus  discussed  the  confidential 
relations  of  the  Government,  happened  to  be  a  close  friend  of  McKinley's,  and 
in  consequence  the  latter  was  on  the  ground  floor  concerning  the  secret  move- 
ments to  effect  the  capture  of  one  of  our  crowd. 

The  next  subject  for  consideration  was  the  matter  of  getting  hold  of  the 
letter  addressed  to  "Emma  Porter.''  I  was  fully  aware  that  Mrs.  Watson,  alias 
Porter,  had  never  entertained  any  idea  of  visiting  La  Crosse,  and  was  satisfied 
from  the  first  that  this  was  simply  a  Secret  Service  trick  to  trap  her  in  some 
way.  Notwithstanding  this  fact,  however,  my  curiosity  was  aroused,  and  I  was 
determined  to  secure  the  letter  at  whatever  cost. 

I  could  not  obtain  it  from  the  local  postoffice,  for  obvious  reasons,  so  I 
conceived  another  plan,  which,  although  rather  roundabout  in  design,  eventually 
terminated  with  success. 

Resolving  to  take  the  2:30  P.  M.  train  for  Milwaukee,  it  became  necessary 
for  me  to  give  Gallagher  the  slip,  so  McKinley  and  I  proceeded  to  avail  our- 
selves of  another  "constitutional,"  and  we  had  scarcely  taken  a  dozen  paces 
before  we  realized  that  our  faithful  watchdog  was  in  close  attendance. 

We  trudged  along  leisurely  for  something  like  an  hour,  until  a  few  moments 
before  train  time,  when,  noticing  that  Gallagher  was  keeping  us  under  close 
surveillance  about  a  block  away,  we  stopped  in  front  of  a  large  department  store, 
and  began  to  feast  our  eyes  on  the  displays  in  the  show-windows.  Pointing  my 
finger  in  the  direction  of  some  article  as  if  contemplating  a  purchase,  I  told 
McKinley  to  keep  cases  on  our  man  while  I  made  my  getaway. 

Entering  the  front  door  of  the  establishment  and  leaving  Horace  on  the 
outside,  I  hurried  on  through  to  another  street,  which  placed  me  within  about 
three  squares  of  the  depot,  and  I  reached  there  just  as  the  train  was  pulling  out. 
Probably  Gallagher  would  be  still  standing  on  the  corner  had  he  not  observed 
McKinley  pass  by  him  alone  some  ten  minutes  later,  and  realized  that  I  had 
disappeared. 

Arriving  in  Milwaukee,  I  addressed  a  letter  to  the  La  Crosse  postmaster, 
in  close  imitation  of  Mrs.  Watson's  handwriting,  instructing  him  to  forward  all 
mail  to  Milwaukee,  in  care  of  the  Republican  House.  This  note  was  signed 
"Mrs.  Emma  Porter"  by  me. 

I  then  went  to  Chicago,  and  after  waiting  until  I  felt  confident  the  letter 
would  have  time  to  reach  Milwaukee,  I  wrote  a  letter  to  the  clerk  of  the 
Republican  House,  similar  to  the  one  sent  to  the  postmaster,  asking  that  all  mail 
should  be  forwarded  to  Chicago,  in  care  of  the  Great  Northern  Hotel. 

Securing  a  lot  of  commercial  stationery  from  various  prominent  houses 
of  Chicago,  I  addressed  several  letters  to  myself,  care  Great  Northern  Hotel, 
city,  all  of  which  purported  to  be  of  a  business  character. 

After  waiting  until  such  time  as  I  had  reason  to  believe  the  "Porter" 
letter  had  put  in  an  appearance,  I  sauntered  into  the  office  of  the  Great  Northern 
Hotel  and  proceeded  to  make  myself  at  home.  I  perceived,  immediately  upon 
entering,  that  my  old  friend  Gallagher  was  there  with  bells.  His  eagle  eye 
had  focussed  me  the  moment  I  entered,  and  it  was  as  good  as  a  circus  to  watch 
his  maneuvers.  I  walked  past  him  unconcernedly  and  took  a  seat  near  by, 
pretending  to  read  the  newspapers. 

In  a  little  while  I  arose  and  going  to  the  office  desk,  asked  the  clerk  to 
please  hand  me  the  mail  in  box  "P."  This  request  was  complied  with,  as  it  is 
customary  in  all  the  leading  hotels  for  the  entire  contents  of  a  box  to  be 
delivered  to  any  guest  making  inquiry  for  a  certain  initial  of  the  alphabet. 

Glancing  through  the  letters,  I  noticed  one  addressed  to  Mrs.  Emma 
Porter,  and  it  bore  evidence  of  having  been  directed  at  the  Great  Northern 

Page   101 


United  States  District  Judge  William  H.  Hunt,  of  Montana,  who  pre- 
sided at  most  of  the  land  fraud  cases,  and  who  earned 
an  enviable  reputation  for  fairness 


Hotel,  as  it  was  unstamped,  although  sealed,  and  in  one  of  the  hotel  envelopes. 
My  back  was  turned  towards  Gallagher  at  the  time,  and  when  I  came  to  this 
letter,  I  hesitated  long  enough  to  make  a  mental  note  of  the  style  of  handwriting, 
afterward  returning  it  to  the  clerk  with  the  others. 

With  my  personal  mail  in  hand,  and  hoping  to  learn  something  further 
concerning  Gallagher,  I  resumed  my  seat  near  him,  and  appeared  to  be  deeply 
engrossed  in  my  correspondence. 

No  sooner  had  I  done  this  than  Gallagher  arose,  and  walking  up  to  the 
clerk,  also  requested  the  letters  from  box  "P."  He  did  not  perceive  that  I  was 
watching  him  all  this  time,  so  I  was  happy  in  the  thought  that  he  was  not 
suspicious  of  my  intimate  acquaintance  with  his  identity. 

Like  myself,  Gallagher  hesitated  when  he  came  to  the  envelope  addressed 
to  Mrs.  Porter,  and  was  no  doubt  much  surprised  upon  discovering  that  I  had 
failed  to  abstract  it. 

After  securing  some  writing  material  from  a  desk  in  the  reading  room 
similar  to  the  envelope  inclosing  the  Porter  letter,  I  started  from  the  hotel, 
closely  followed  by  the  Secret  Service  man,  and  thinking  to  give  him  another 
slip  in  such  a  way  as  not  to  arouse  his  suspicions,  I  wheeled  about,  walked  into 
the  hotel  again,  and  entered  one  of  the  elevators  that  was  about  to  ascend. 
I  realized  that  Gallagher  would  follow  on  the  next  elevator,  and  in  order  to 
circumvent  his  intentions,  I  stepped  off  at  the  fifth  floor,  walked  briskly  through 
the  hallway  and  caught  a  descending  freight  elevator,  by  which  process  I  soon 
reached  the  street,  where  I  found  myself  once  more  free  from  anybody's 
attention. 

Going  direct  to  my  hotel,  I  took  one  of  the  Great  Northern  envelopes, 
which  I  had  just  secured,  and  addressed  it  to  Mrs.  Emma  Porter,  imitating  from 
memory  the  handwriting  which  I  had  observed  upon  the  original.  I  then  placed 
a  piece  of  blank  paper  in  the  envelope,  sealed  it  up,  and  returned  to  the  Great 
Northern. 

Glancing  cautiously  around,  I  was  unable  to  locate  Gallagher  anywhere, 
so  concluded  that  he  was  either  in  his  room  or  on  a  wild-goose  chase  after  me. 
I  then  asked  the  clerk  for  the  mail  in  box  "P,"  and  upon  coming  across  the 
letter  to  Mrs.  Porter,  I  took  it  out,  replacing  it  with  the  one  I  had  but  recently 
addressed  to  her. 

Going  to  the  writing  room,  and  in  fancied  security  from  observation,  I 
proceeded  to  inspect  its  contents,  which  were  as  follows : 

Mrs.  Emma  Porter: 

Dear  Madam — Please  call  in  person  for  important  letter,  which  will  be 
handed  to  you  at  the  office. 

(Signed)  Clerk, 

Great  Northern  Hotel. 

After  perusing  its  contents,  I  addressed  another  envelope,  copying  the 
handwriting  from  the  original,  and  after  replacing  the  note  and  sealing,  returned 
it  to  box  "P,"  at  the  same  time  removing  the  envelope  I  had  left  there  but  a 
few  moments  before. 

At  this  point  I  found  myself  virtually  "up  a  stump,"  but  I  was  not 
discouraged,  and  had  no  intention  of  being  outdone,  so  returning  to  Milwaukee, 
I  sent  a  note  to  the  Great  Northern  Hotel,  in  substance  as  follows : 

Clerk,  Great  Northern  Hotel,  Chicago,  Ills. 

Dear  Sir — It  was  my  intention  to  visit  Chicago,  and  make  your  house  my 
headquarters,  but  I  am  just  in  receipt  of  a  wire  necessitating  my  immediate 
return  to  the  Pacific  Coast,  hence  request  that  you  please  forward  all  mail  to 
Seattle,  Wash.,  care  -  -  Hotel.  Very  respectfully, 

(Signed)  Mrs.  Emma  Porter. 

Page   103 


I  have  refrained  from  disclosing  the  name  of  the  Seattle  hotel  for  the 
reason  that  there  is  no  desire  on  my  part  to  compromise  those  from  whom  I 
afterward  received  a  copy  of  the  Porter  letter. 

Returning  to  Chicago,  I  wrote  to  friends  in  Seattle,  requesting  them  to 
be  on  the  lookout  for  a  letter  which  would  reach  a  certain  hotel  addressed  to 
Mrs.  Emma  Porter,  and  upon  its  arrival,  to  secure  it  and  send  it  to  my  Chicago 
address.  In  reply  I  was  advised  that  the  letter  had  come*  to  hand,  but  could 
not  be  obtained.  I  thereupon  \vired  instructions  to  get  the  letter  at  whatever 
cost,  and  was  later  notified  that  it  had  been  forwarded  in  accordance  with 
directions. 

In  due  time  I  received  a  copy  of  the  Porter  letter,  accompanied  with  the 
explanation  that  the  original  could  not  be  secured  for  any  length  of  time  without 
detection,  and  hoping  that  the  copy  would  suffice.  It  did,  as  it  proved  to  my 
entire  satisfaction  that  its  contents  were  in  the  nature  of  a  decoy  for  the  purpose 
of  locating  Mrs.  Watson,  corroborating  what  McKinley  and  myself  had  suspected 
all  along. 

to  my  friend  Gallagher,  alias  Graham,  the  detective,  he  turned  up 
missing  when  I  arrived  in  Chicago  from  Milwaukee  the  second  time,  hence  the 
presumption  is  that  he  followed  the  Porter  letter  on  its  mission  to  Seattle.  Had 
it  not  been  for  the  fact  that  I  met  him  personally  in  Chicago  at  a  later  date.  I 
should  imagine  that  he  was  still  engaged  in  keeping  a  watchful  eye  on  the 
important  missive  through  the  medium  of  which  he  expected  to  make  a  really 
sensational  capture. 


The  Lure  of  the  Sage  Brush 

Sam  Darts  in  Smmsft  Mafaxiut 


Have   you    ever   scented   the   sage-brush 
That    mantles    Nevada's   plain? 

If  not  you  have  lived   but  half  your  life. 
And  that   half  lived  in   vain. 


You  will  ask  for  a  sight  of  beetling  crags, 
Where    the   storm    king   holds    his    sway. 

Where  the  sinking  sun  with  its  brush  of  gold 
Tells  the  tale  of  the  dying  day. 


No  matter  where   the  place  or  clime 
That  your  wandering  footsteps  stray 

You  will  sigh  if  you  know  of  her  velvet 

fields 
And   their   fragrance   of   leveled   hay. 

You  will  loiter  a  while  in  other  lands. 

When   something   seems   to   call. 
And    the    lure    of    the    sage-brush    brings 
yon  back, 

And   holds   yon   within   its   thrall. 


.  .#• 


j. 


You   may   tread    in    the   halls   of    pleasure 
Where   the   lamps   of   folly    shine. 

'Mid  the  sobbing  of  sensuous   music 
And  the  flow  of  forbidden  wine. 


But   when   the   revel    is   over. 

And   the   dancers   turn   to   go. 
Yon  will   long  for  a   draft  of  the   crystal 

streams 
That  springs  from  her  peaks  of  snow. 


And  when  you  die  you  will  want  a  grave. 
Where   the  Washoe  zephyr  blows, 

With  the  green  of  the  sage-brush  above  your 

head. 
What  need  to  plant   the   rose! 


Page    104 


Chapter  IX 


Capture  of  .Mrs.  Watson  in  Chicago  by  Government  sleuths  after  a  hide-and-seek 
game  of  long  duration — The  Windy  City  newspapers  draiv  the  long  bozv 
in  describing  the  affair,  and  print  photographs  of  attractive  actresses  to 
represent  the  fair  prisoner,  in  lieu  of  her  genuine  picture,  which  has  never 
been  published  heretofore — Puter  details  his  clever  efforts  to  throw  the 
Secret  Service,  off  the  scent,  and  almost  succeeds  in  getting  Mrs.  Watson 
out  of  toivn — Detective  Gallagher  comes  in  for  a  gilt-edged  "roast"  at 
the  hands  of  Mrs.  Watson,  and  Special  Inspector  Greene,  of  the  Interior 
Department,  indulges  in  a  wild-goose  chase  to  his  sorrozv. 

IN  February,  1904,  I  returned  to  Portland,  Ore.,  and  calling  upon  Mr.  Mays, 
gave  him  full  particulars  relative  to  my  experience  with  Secret  Service 
Agent  Gallagher,  in  connection  with  the  Porter  letter.  Mays  made  inquiry 
concerning  Mrs.  Watson's  whereabouts,  and  I  assured  him  that  she  was  safely 
located  in  Southern  California,  which  information  seerrjed  to  meet  with  his 
approval. 

He  next  asked  about  Heney;  if  I  had  met  him  in  San  Francisco,  and  as 
to  my  opinion  of  his  legal  ability.  As  a  reply  I  told  Mays  that  I  had  attended 
the  preliminary  hearing  before  United  States  Commissioner  Heacock,  at  San 
Francisco,  wherein  F.  A.  Hyde,  John  A.  Benson,  Joost  H.  Schneider  and  Henry 
P.  Dimond  were  accused  of  conspiracy  to  defraud  the  Government  of  its  public 
lands,  and  had  passed  the  better  portion  of  two  days  in  the  courtroom ;  that  I 
followed  Heney  closely  in  his  examination  of  witnesses,  and  found  him  to  be 
most  thorough  in  detail,  as  well  as  rigid  and  severe  at  times ;  that  his  points 
of  law  were  well  taken  in  almost  every  instance,  being  sustained  repeatedly  by 
the  Court,  and  that,  notwithstanding  the  fact  that  several  of  San  Francisco's 
most  eminent  attorneys  were  arrayed  against  him  in  behalf  of  the  defendants, 
Heney  seemed  to  be  drawing  blood  with  every  stroke  of  the  mallet.  I  had  no 
hesitancy  in  telling  Mays  that  I  should  be  exceedingly  well  pleased  if  the 
Government  could  find  it  convenient  to  substitute  someone  else  in  Heney's  place. 

Mays  shared  my  opinion  relative  to  the  Government  prosecutor,  having 
instituted  a  quiet  inquiry  concerning  him  on  his  own  account,  and  stated  that 
he  had  been  informed  that  Heney  was  one  of  the  best  lawyers  in  the  country, 
being  especially  formidable  on  Federal  law  by  reason  of  his  familiarity  with 
the  statutes  while  United  States  Attorney  for  Arizona  during  President  Cleve- 
land's administration.  Mays  mentioned  the  fact  of  Heney  having  been  appointed 
Special  Assistant  to  the  United  States  Attorney-General,  through  the  influence 
of  Attorney-General  Knox,  and  remarked  that  he  must,  of  necessity,  be  a  man 
of  superior  qualifications,  else  he  could  not  have  otherwise  been  so  honored. 
All  in  all,  Mays  was  frank  in  his  admission  that  Heney  would  be  a  "hard 
customer"  to  go  up  against,  and  that  under  the  circumstances  it  would  be 
advisable  for  him  to  remain  in  the  background  when  our  case  came  to  trial,  and 
not  undertake  to  openly  represent  me  as  counsel  on  account  of  its  liability  to 
involve  him  in  trouble.  He  much  preferred  to  be  my  "silent  attorney,"  as  he 
expressed  it,  relying  altogether  upon  his  personal  influence  with  United  States 
Attorney  John  H.  Hall  to  defeat  the  ends  of  justice.  • 

Mays  suggested  that  I  engage  Judge  Martin  L.  Pipes,  of  Portland,  as 
my  chief  counsel,  classing  him  properly  as  one  of  the  ablest  local  lawyers.  He 
remarked  incidentally  that  he,  also,  might  be  called  to  account  for  some  of  his 
land  transactions,  and  that  in  the  event  of  an  indictment  being  returned  against 

Page   105 


him  by  the  Federal  Grand  Jury,  he  would  probably  secure  the  services  of  Judge 
Pipes  as  his  associate  counsel,  and  would  therefore  esteem  it  a  favor  if  I  would 
also  get  him  in  the  case  with  a  view  of  familiarizing  him  with  the  issues. 

While  there  is  no  question  that  Judge  Pipes  is  one  of  the  best  lawyers 
in  Oregon,  and  a  man  of  sterling  integrity  besides,  it  struck  me  that  Mays  was 
saying  one  word  in  my  behalf  and  making  a  whole  Fourth_,of  July  speech  for 
himself  when  he  was  so  anxious  that  I  should  break  Judge  Pipes  in  with  refer- 
ence to  the  details  of  the  case. 

"If  Hall  should  continue  to  have  full  swing,"  said  Mays.  "I  shall  not 
fear  the  outcome ;  but  should  this  man  Heney  gain  control  of  the  reins,  there  is 
no  telling  where  we  might  all  land." 

In  discussing  the  situation  further,  he  told  me  about  having  received 
private  information  to  the  effect  that  in  addition  to  Col.  A.  R.  Greene,  Special 
Inspector.  Department  of  the  Interior,  the  Government  had  placed  a  large  number 
of  other  Secret  Service  men  in  the  field,  who  were  making  a  systematic  and 
thorough  search  for  evidence  against  the  accused,  more  particularly  with  refer- 
ence to  the  11-7  case. 

This  information  caused  me  no  end  of  worry,  as  there  were  ten  people 
implicated  in  the  fraudulent  claims,  and  should  the  Government  agents  succeed 
in  getting  a  confession  from  one  or  more  of  them,  I  felt  that  the  jig  was  up. 
Mays,  however,  anticipated  no  trouble  from  this  source,  even  though  we  should 
be  indicted,  contending  that  three  years  having  elapsed  since  the  transfer  by 
deed  to  Mrs.  Emma  L.  Watson  through  the  original  entrymen,  the  Government 
was  barred  by  the  statute  of  limitations  in  any  criminal  action. 

I  felt  greatly  relieved  upon  learning  this,  as  I  had  the  utmost  confidence 
in  Mr.  Mays'  legal  opinions  at  that  time.  It  has  since  transpired  that  he  wa^ 
very  much  mistaken  in  his  assumptions,  as  we  were  afterwards  indicted  and 
convicted  for  our  part  in  the  11-7  deal,  the  Court  holding  that  the  statute  of 
limitations  did  not  commence  to  run  until  three  years  after  the  issuance  of  patents. 

Feeling  thus  secure,  so  far  as  the  possibility  of  any  indictment  in  the 
11-7  case  was  concerned,  our  conversation  drifted  to  the  indictment  involving  us 
in  the  six  fraudulent  entries  in  24-1.  I  had  no  hesitancy  in  assuring  Mays  that 
there  was  no  occasion  for  apprehension  there,  as  the  six  names  constituting  the 
supposed  original  entrymen  were  purely  fictitious,  hence  the  Government  agents 
would  find  it  uphill  work  to  locate  any  of  the  claimants,  thereby  rendering  it 
impossible  for  them  to  secure  a  confession. 

These  agents,  no  doubt,  could  find  numerous  persons  who  would  make 
affidavit  to  the  fact  that  they  had  never  seen  the  alleged  entrymen  on  or  near 
the  tracts  embraced  in  their  homesteads,  but  what  would  all  that  amount  to 
when  it  became  a  question  as  to  their  actual  existence  and  our  criminal  liability. 
I  reasoned. 

Mays  was  not  so  confident  that  my  position  was  absolutely  tenable  unless 
Marie  Ware,  who  was  United  States  Commissioner  at  the  time  the  final  proofs 
were  supposed  to  have  been  made  before  her,  should  stand  pat.  If.  as  Mays 
declared.  Miss  Ware  could  be  relied  upon  to  play  her  part,  and  Mrs.  Watson 
was  kept  out  of  the  way.  he  agreed  that  under  those  circumstances  there  was 
nothing  to  borrow  trouble  about. 

Some  days  later  I  called  upon  Mays  again  and  acquainted  him  with  the 
contents  of  a  letter  just  received  from  Mrs.  Watson,  in  which  she  informed 
me  of  her  intention  to  leave  Southern  California  for  Chicago  very  soon,  and  for 
me  to  communicate  with  her  there.  He  was  much  perturbed  to  learn  of 
this  unexpected  move,  and  expressed  the  opinion  that  she  was  displaying  a 
degree  of  recklessness  that  was  extremely  dangerous.  He  insisted  that  I  ^refrain 
from  writing  to  her.  as  that  wrould  amount  to  certain  detection,  but  instead  that  I 
should  take  the  first  train  for  the  East,  and  upon  my  arrival  in  Chicago,  that  I 
insist  upon  her  going  to  Canada,  or  one  of  the  Southeastern  cities,  whichever  she 
preferred. 


To  return  to  Chicago  at  this  particular  time  signified  that  I  must  sacrifice 
certain  interests  demanding  my  immediate  attention  on  the  Coast,  some  of  which 
were  of  great  importance  to  me  personally;  but  rather  than  have  it  said  that  be- 
cause of  any  seeming  negligence  on  my  part  the  capture  of  Mrs.  Watson  had 
been  effected,  I  decided  to  adopt  Mr.  Mays'  suggestion  in  the  matter,  and  left 
for  Chicago  immediately,  going  by  way  of  San  Francisco,  where  I  visited  my 
home  in  Berkeley  for  a  few  days  only,  arriving  in  Chicago  about  March  20,  and 
stopping  at  the  New  Southern  Hotel. 

At  noon  of  the  day  following  my  arrival,  I  called  at  the  postoffice  for 
my  mail,  which  I  had  ordered  forwarded  from  Portland,  and  upon  presenting 
myself  at  the  general  delivery  window,  whom  should  I  see  once  more  but  my 
old  friend  Gallagher,  of  the  gumshoe  fraternity.  The  Secret  Service  man  eyed 
me  complacently  as  I  repeated  the  name  of  S.  A.  D.  Puter  when  inquiring  for 
my  mail,  and  I  felt  no  surprise,  upon  leaving  the  building,  to  discover  that  I 
was  not  without  company,  for  sure  enough,  the  faithful  Government  sleuth 
was  close  at  my  heels. 

The  thought  of  meeting  Gallagher  at  this  time  was  not  altogether  a 
pleasant  one,  especially  since  I  had  received,  among  other  letters,  one  from 
Mrs.  Watson  advising  me  through  whom  I  might  be  able  to  secure  information 
as  to  her  whereabouts. 

If  he  was  familiar  with  the  contents  of  this  letter — as  Government  detect- 
ives, it  is  assumed,  experience  little  difficulty  in  gaining  knowledge  of  this 
character — I  felt  the  necessity  of  being  more  cautious  than  ever  regarding  my 
movements.  To  see  Mrs.  Watson,  and  that,  too,  immediately,  was  most  impera- 
tive ;  but  to  attempt  to  locate  the  person  whose  name  was  referred  to  in  her 
communication  would  be  sheer  folly  so  long  as  Gallagher  was  on  my  trail. 
However,  there  was  no  personal  danger  involved,  as  Mrs.  Watson,  and  not  myself, 
was  the  one  wanted,  so  it  only  remained  for  me  to  give  the  Secret  Service  man 
the  slip,  a  feat  that  I  had  accomplished  successfully  so  many  times  before. 

Walking  leisurely  about  for  a  time,  I  decided  to  try  the  street  car  route, 
so  boarded  a  south-bound  car  on  Wabash  Avenue.  My  effort,  however,  on  this 
occasion  availed  me  nothing,  as  Gallagher  succeeded  in  getting  aboard  with  me 
and  taking  a  position  that  gave  him  a  good  view  of  all  my  actions. 

Taking  advantage  of  a  temporary  suspension  of  traffic  by  reason  of  some 
obstruction,  I  left  the  car  we  were  on  and  took  the  first  one  north-bound,  with 
the  Government  sleuth  in  close  pursuit. 

After  alighting,  I  walked  into  the  Palmer  House  and  registered.  I  then 
went  to  my  room  and  after  remaining  a  few  minutes,  decided  to  make  another 
effort.  Gallagher,  who  had  been  watching  for  me  in  the  hallway,  accompanied 
me  in  my  descent  by  the  elevator.  Walking  out  of  the  hotel  and  north  on  State 
to  Madison  Street,  I  hesitated  on  the  corner  to  speak  to  a  hack  driver,  which 
was  a  ruse  on  my  part  to  determine  the  whereabouts  of  the  detective,  whom  I 
discovered  to  be  close  at  hand. 

I  then  walked  over  to  Wabash  Avenue  again  very  slowly  and  apparently 
unconcerned,  that  I  might,  if  possible,  induce  him  to  slacken  pace  also,  and  as 
luck  would  have  it,  I  discerned  a  car  on  the  corner  which  was  about  to  start 
south.  Seeing  my  opportunity,  I  waited  until  the  car  was  well  under  way,  when 
I  made  a  tremendous  sprint  and  succeeded  in  catching  it  on  the  next  corner 
just  as  it  was  about  to  start  again. 

Glancing  back  I  could  see  Gallagher  coming  for  all  he  was  worth,  with 
umbrella  in  one  hand  and  hat  in  the  other,  both  of  which  he  was  waving  in  frantic 
fashion  and  shouting  at  the  top  of  his  voice  for  the  car  to  stop. 

Realizing  that  his  efforts  might  prove  successful,  I  hurriedly  extracted 
a  dollar  bill  from  my  pocket  book,  and  handing  it  to  the  conductor,  remarked 
that  it  was  important  for  me  to  reach  home  with  all  possible  dispatch  on  account 
of  illness  in  my  family. 

Page   107 


Sample  of  5,000-acre  tract  in  Township  1  S.,  Range  b  If .  (  Washington  and  Tillamook  Counties, 

Ore.)  sold  by  Puter  in  1898  to  Edward  B.  Simpson,  of  Milwaukee,  H'is.,  for  $4  an 

acre;  resold  in  1905  to  Schroeder  Lumber  Co.,  of  Milwaukee,  for  $25  an 

acre,  and  now  held  at  5100  an  acre 


"Keep  the  change,  old  man,  but  push  'er  through,"  said  I  encouragingly, 
and  he  did. 

The  "serious  illness"  was  not  of  long  duration,  however,  and  there  was 
a  convalescence  as  soon  as  I  noticed  that  Gallagher  had  given  up  the  chase ; 
so  I  alighted  immediately,  and  in  this  instance  it  was  my  turn  to  do  the  trailing, 
as  I  had  noticed  that  he  was  retracing  his  steps  in  the  direction  of  Madison  Street. 

Noting  that  he  turned  the  corner,  I  followed  him  as  far  as  the  Palmer 
House,  and  knowing  that  I  was  safe  from  pursuit  for  the  time  being,  I  struck 
out  to  locate  Mrs.  Watson's  friend,  through  whom  I  was  to  ascertain  her  where- 
abouts. Luck  favoring  me,  I  was  soon  in  possession  of  the  desired  information, 
and  proceeded  forthwith  to  her  boarding  house  on  North  Dearborn  Street,  in 
the  vicinity  of  Jackson  Park,  where  I  learned  that  Mrs.  Watson  had  just  stepped 
into  the  dining  room  for  luncheon. 

Presenting  my  name  to  the  landlady,  and  stating  that  I  was  a  friend  of 
Mrs.  Watson's  from  California,  I  was  ushered  into  the  parlor  and  she  was 
notified  of  my  presence. 

My  visit  on  this  occasion  covered  a  period  of  about  two  hours,  in  the 
course  of  which  I  related  my  experience  with  Gallagher  and  suggested  that  she 
leave  Chicago  without  delay.  She  was  visibly  affected  by  the  proposition,  and  it 
was  plain  to  be  seen  that  she  was  not  at  all  enthusiastic  on  the  subject. 

"Here  I  am,"  said  she  in  mournful  tones,  "fearing  almost  to  venture  on 
the  street,  say  nothing  about  visiting  the  city,  and  this  condition  has  been  my 
lot  for  fully  three  months.  This  thing  of  eluding  detectives  at  every  turn  has 
become  unbearable,"  she  went  on,  and  I  could  see  plainly  that  she  was  on  the 
verge  of  giving  it  up  as  a  lost  cause  and  surrendering  without  any  further  cere- 
mony. From  her  conversation  and  manner  I  perceived  that  I  was  up  against  a 
hard  problem,  but  it  was  not  for  me  to  quit  at  this  stage  of  the  game,  nor  could 
I  permit  her  to  entertain  such  a  thought,  either.  It  became  incumbent  upon  me 
to  reason  with  her,  and  convince  her  that  quick  action  was  absolutely  necessary. 
Had  I  attempted  to  frighten  her  into  going  away,  it  would  have  been  all  off,  as 
lack  of  confidence  is  destructive  to  courage,  and  at  this  trying  juncture  she  must 
be  possessed  of  both. 

After  parleying  for  some  time  in  an  effort  to  determine  just  where  Mrs. 
Watson  should  go,  she  finally  consented  to  take  her  departure,  providing  her 
destination  should  be  New  York,  where  she  stated  that  a  number  of  her  friends 
and  acquaintances  resided.  I  assented  readily  to  the  plan,  and  expressed  the 
wish  that  she  leave  on  the  evening  train,  to  which  she  demurred,  promising  that 
if  I  would  not  insist  upon  her  going  at  once  she  would  gladly  remain  indoors, 
thus  avoiding  any  possible  chance  of  detection. 

Not  wishing  to  appear  arbitrary  in  the  matter,  I  assured  Mrs.  Watson 
that  I  coincided  with  her  views,  whereupon  I  bade  her  good-bye  and  took  my 
departure,  after  arranging  to  call  again  soon,  and  returned  to  the  Palmer 
House. 

I  saw  nothing  more  of  my  friend  Gallagher  that  afternoon,  nor  did  he 
put  in  an  appearance  on  the  day  following,  which  convinced  me  that  our  race 
for  the  street  car  on  Wabash  Avenue  had  settled  the  question  with  him.  I 
learned  afterwards  that  he  had  reported  to  headquarters  that  I  was  too  swift 
for  him.  and  had  suggested  that  one  more  fleet  of  foot  be  detailed  on  the  case 
if  the  Government  hoped  to  effect  a  capture. 

The  absence  of  Gallagher,  however,  did  not  eliminate  the  cautiousness 
that  I  had  observed  from  the  beginning.  In  truth,  his  non-appearance  furnished 
me  with  just  cause  for  alarm,  as  I  realized  that  beyond  the  question  of  any 
doubt  the  vacancy  would  be  filled  without  delay,  and  in  the  absence  of  any 
knowledge  of  the  sleuth  who  might  be  shadowing  me  at  that  very  moment,  a 
greater  danger  confronted  me  than  any  yet  experienced. 

On  the  following  morning  I  decided  to  call  upon  Mrs.  Watson  again,  but 
before  making  the  attempt,  I  enlisted  the  services  of  a  friend  to  follow  me  for 

Page   109 


awhile  with  a  view  of  finding  out,  if  possible,  whether  detectives  were  on  the 
scent  or  not.  All  the  details  as  to  where  I  should  go  and  when  I  should  start 
were  arranged  in  advance.  At  no  time  was  I  to  appear  concerned,  nor  was  I 
to  look  behind  me,  but  simply  proceed  on  my  way,  apparently  oblivious  to  all 
surroundings — my  friend  was  to  do  the  rest. 

It  was  discovered  from  the  start  that  I  was  being  trailed,  this  time  by  a 
younger  and  more  likely  man,  who  proved  to  be  Elmer  A:  Gorman,  a  Secret 
Service  operative.  There  was  no  more  running  after  me.  The  tactics  adopted 
by  Gallagher  were  discarded  by  the  new  man,  who  employed  more  modern 
methods  in  the  effort  to  keep  me  in  sight  and  locate  Mrs.  Watson's  hiding-place. 

Whenever  I  boarded  a  street  car  and  my  new  "shadow"  found  it  impos- 
sible to  reach  it  without  attracting  attention,  he  would  quietly  take  the  next — 
the  one  ahead  being  always  in  sight — and  by  occupying  a  front  seat,  could  watch 
all  my  movements  and  be  governed  accordingly.  This  process  consumed  the 
better  part  of  two  hours,  when  I  returned  to  my  hotel,  followed  shortly  afterward 
by  my  friend,  who  gave  me  full  details  concerning  the  maneuvers  of  the  detective. 

In  view  of  the  situation,  I  concluded  that  it  would  be  unsafe  for  me  to 
call  upon  Mrs.  Watson  until  evening,  when  I  felt  confident  that  I  could  meet 
her  without  great  danger  of  being  observed. 

Dusk  having  arrived,  I  determined  to  give  the  detective  the  slip,  and 
favored  the  elevator  route  again.  Being  familiar  with  quite  a  number  of  the 
larger  buildings  in  Chicago,  several  of  which  possess  from  two  to  four  elevators, 
I  walked  directly  to  one  in  mind,  ascended  to  the  fifth  floor,  and  taking  the 
elevator  furtherest  away  from  the  point  of  entrance.  I  descended  and  soon  found 
myself  on  another  street. 

Xot  being  entirely  satisfied,  and  to  avoid  all  possible  detection,  I  boarded 
a  West  Side  elevated  car,  and  after  riding  about  a  mile,  doubled  back  for  quite 
a  distance,  this  time  taking  a  surface  car  and  transferring  to  one  traveling  north 
on  Clark  street.  In  this  way  I  soon  arrived  at  Mrs.  Watson's  apartments,  where 
I  found  her  in  a  very  globmy  state  of  mind,  and  much  as  she  felt  when  I  left  her 
the  day  previously. 

She  seemed  to  feel  that  she  was  being  dreadfully  imposed  upon,  and 
while  I  was  in  no  position  to  deny  her  claim,  at  the  same  time  I  dared  not  admit 
it.  I  explained,  of  course,  that  her  present  condition  was  brought  about  by  a 
combination  of  circumstances,  through  which  she  was  made  to  suffer  more  than 
was  her  rightful  due,  but  that  this  same  situation  might  have  easily  befallen  any 
of  the  others  against  whom  indictments  had  been  returned ;  hence,  since  the  die 
was  cast,  it  was  her  duty  to  stand  pat,  and  to  maintain  the  same  position  assumed 
by  her  associates  in  the  transaction. 

I  reminded  her  that  the  Government's  case  would  go  by  the  board  without 
her  testimony,  but  that,  if  she  were  discovered,  the  news  of  her  capture  would 
be  heralded  broadcast  throughout  the  country,  and  would  go  down  in  history 
as  one  of  the  most  sensational  episodes  connected  with  the  trials  of  the  land 
fraud  ring. 

My  arguments  in  favor  of  her  leaving  Chicago  at  once  were  to  all  appear- 
ances having  a  telling  effect.  If  there  was  one  thing  that  Mrs.  Watson  detested 
more  than  another,  it  was  notoriety.  She  would  avoid  it  at  any  cost,  and  it 
required  but  little  further  persuasion  on  my  part  to  secure  a  promise  that  she 
would  not  ask  to  remain  but  a  few  days  longer.  Upon  leaving  for  my  hotel,  she 
assured  me  that  she  would  think  the  matter  over,  and  that  I  might  call  for  her 
answer  on  the  following  day. 

Returning  to  the  Palmer  House,  I  settled  my  bill  and  engaged  a  room 
at  the  Grace  Hotel,  registering  under  my  correct  name.  I  was  hardly  settled 
in  my  new  quarters  when  I  discovered  that  my  identity  was  known  to  the 
detective  who  had  supplanted  Gallagher.  It  mattered  not  where  I  went,  the 
Secret  Service  man  was  right  after  me,  but  I  did  not  mind  this  so  much  so  long 
as  I  could  keep  Mrs.  Watson  under  cover. 

Page   110 


Next  morning'  I  went  to  the  express  office  and  secured  a  telescope  basket 
for  which  Mrs.  Watson  had  given  me  an  order  the  night  before,  and  which  I 
was  to  either  send  or  bring  to  her  when  opportunity  offered.  In  the  meantime, 
I  placed  it  in  my  room  for  safekeeping. 

I  then  made  some  purchases  around  town,  kept  a  few  business  engage- 
ments, and  visited  an  occasional  friend,  after  which  I  spent  the  day  about  the 
city,  with  little  or  nothing  to  do  but  kill  time.  I  felt  that  it  would  be  unwise 
for  me  to  attempt  to  deliver  the  telescope  basket  that  evening,  as  the  Govern- 
ment sleuth  was  within  ten  feet  of  me  when  I  took  it  from  the  express  office, 
and  therefore  let  it  remain  in  my  room. 

Before  boarding  a  car  for  the  North  Side,  I  walked  about  for  something 
over  an  hour  in  the  effort  to  locate  the  detective,  but  he  was  nowhere  to  be  seen, 
so  I  concluded  that  for  once  I  was  not  being  watched.  Quickly  walking  over 
to  Clark  street,  I  lost  no  time  in  reaching  Mrs.  Watson's  boarding-house,  where 
I  remained  but  a  few  minutes,  securing  her  promise  to  take  her  departure  for 
New  York  City  on  the  following  evening. 

Upon  arriving  at  my  hotel,  I  found  the  "gumshoe"  man  in  conversation 
with  some  other  person,  whom  I  afterwards  learned  was  also  a  detective,  and 
had  been  delegated  to  assist  in  trailing  me,  and,  if  possible,  to  capture  Mrs. 
Watson. 

I  was  up  bright  and  early  the  next  morning,  although  for  no  apparent 
purpose,  except  a  natural  anxiety  to  get  Mrs.  Watson  safely  away  on  her  journey. 
I  was  ill  at  ease,  and  time  lagged  heavily  on  my  hands  until  nightfall,  when 
I  hoped  to  make  final  arrangements  for  Mrs.  Watson's  departure  and  at  the 
same  time  deliver  the  telescope  basket  to  her. 

After  dinner  that  evening,  I  passed  some  time  in  the  neighborhood  of 
the  hotel  office,  thinking  by  that  process  I  would  be  able  to  ascertain  if  I  was 
being  trailed,  and  find  out  if  possible  who  my  pursuers  were.  I  wondered  if 
it  could  be  possible  that  the  sleuths  had  neglected  me  for  the  moment,  as  I 
believed  they  had  done  on  the  night  before.  However,  the  way  seemed  clear 
enough,  and  as  I  must  get  to  Mrs.  Watson's  apartments  without  further  delay 
and  assist  in  spiriting  her  out  of  the  city,  I  decided  to  make  the  attempt. 

Going  to  my  room,  I  secured  the  fateful  telescope  basket,  and  descending 
a  stairway  from  the  second  floor  that  led  to  the  basement,  I  experienced  little 
or  no  difficulty  in  reaching  the  streeet.  When  I  took  a  car  on  State  Street  for 
the  North  Side,  I  was  pleased  to  observe  that  no  one  but  myself  had  boarded 
it  at  that  particular  point,  and  after  scrutinizing  the  passengers  closely,  became 
convinced  that  there  were  no  Secret  Service  men  around. 

Everything  looked  so  easy  for  me,  in  fact,  that  I  really  became  quite 
nervous.  I  could  not  understand  it.  I  knew  that  they  wanted  Mrs.  Watson, 
and  that  they  hoped  to  locate  her  through  me.  Why,  then,  should  I  be  per- 
mitted to  leave  my  hotel  on  two  different  occasions,  one  evening  after  the  other, 
without  being  followed  by  one  or  more  of  these  detectives?  The  entire  pro- 
ceeding appeared  mystical  in  a  way. 

While  thus  meditating,  the  conductor  called  out  the  name  of  a  certain 
street,  and  as  the  car  was  stopping  in  answer  to  the  signal  from  one  of  the 
passengers,  it  occurred  to  me  that  I,  too,  might  alight  at  the  same  place,  although 
still  several  squares  from  Mrs.  Watson's  boarding-house.  However  clear  the 
coast  seemed,  I  could  not  separate  myself  from  the  idea  that  somehow,  and 
in  a  manner  entirely  unexpected,  these  "wise  men"  of  Uncle  Sam  had  determined 
upon  some  carefully  devised  plan  whereby  they  hoped  to  thwart  my  efforts  to 
conceal  the  whereabouts  of  the  one  they  were  so  anxious  to  capture. 

Stepping  off  the  car,  I  walked  two  blocks  west  to  Clark  Street  and  took 
the  first  north-bound  car.  Here,  again,  if  I  may  judge  from  surface  indications, 
there  was  nothing  to  fear,  so  I  rode  to  a  point  exactly  one  block  west  of  Mrs. 
Watson's  stopping-place.  After  alighting,  I  walked  east  a  block,  and  crossing 
the  street  continued  ahead  until  I  came  to  the  side  entrance  of  the  boardinsr- 

o 

Page    111 


house,  and  went  direct  to  Mrs.  Watson's  apartments.  Upon  delivering  the 
telescope  basket,  I  asked  if  everything  was  in  readiness  for  her  journey,  at  the 
same  time  handing  her  a  ticket  to  Xew  York. 

"Yes,  and  no,"  replied  Mrs.  Watson.  "I  was  all  ready,  but  Miss . 

who  is  going  a?  far  as  Boston  with  me.  finds  it  impossible  to  leave  until  tomorrow 
night,  and  I  do  not  wish  to  go  without  her.  Besides."  she  continued,  "I  have 
several  articles  of  clothing  that  should  have  been  delivered  before  this,  but  which 
have  not  yet  arrived,  and  it  cannot  hurt  for  me  to  remain  one  day  longer." 

It  was  a  woman's  way,  and  there  was  no  help  for  it.  I  was  sorely 
vexed  and  disappointed  to  learn  of  this  change  in  my  plans,  a?  I  expected  to 
go  to  Milwaukee  early  the  next  morning  on  business  of  importance,  and  I  dis- 
liked the  thought  of  going  away  until  Mrs.  Watson  was  safely  out  of  the  city. 
I  reasoned  with  her,  on  the  plea  that  she  should  show  some  consideration  for 
the  seriousness  of  our  position,  and  carry  out  her  agreement  with  me  of  the 
night  before:  that  I  had  lost  considerable  time  already  in  perfecting  arrange- 
ments for  her  departure,  and  that,  in  all  fairness  to  me,  she  should  leave  Chicago 
without  further  delay. 

She  was  obdurate,  however,  and  could  not  see  that  my  objections  to  her 
remaining  over  were  well  taken.  as  she  argued  that  I,  not  she,  was  largely  respon- 
sible for  her  predicament,  and  that  my  demand  for  her  immediate  departure 
was  not  based  upon  reason.  On  the  other  hand,  she  thought  I  should  be  congrat- 
ulating myself  for  the  manner  in  which  she  was  protecting  me.  instead  of 
upbraiding  her  in  this  fashion  for  what  I  was  pleased  to  term  her  seeming  negli- 
gence and  lack  of  interest. 

It  was  no  use  to  discuss  the  matter  any  further,  as  Mrf.  Watson  was 
determined  not  to  leave  that  night,  but  she  promised  faithfully  to  go  on  the 
afternoon  or  evening  train  of  the  next  day. 

Returning  to  my  room  at  the  hotel,  I  busied  myself  with  studying  out  a 
plan  of  action  for  my  own  observance  on  the  morrow.  I  resolved  to  go  to  Mil- 
waukee by  the  early  morning  train,  but  questioned  the  advisability  of  remaining 
there  .over  night  while  everything  was  so  upset,  as  I  wanted  the  matter  of  Mrs. 
Watson's  departure  entirely  off  my  mind,  and  considered  it  best  that  I  should 
be  present  when  she  left.  I  concluded,  therefore,  to  go  to  Milwaukee  as  out- 
lined, transact  what  business  I  could,  and  return  again  during  the  afternoon, 
and  this  plan  was  subsequently  executed. 

My  thoughts,  as  I  neared  Chicago  on  my  return,  can  better  be  imagined 
than  described-  The  trip  to  Milwaukee,  while  it  consumed  only  a  few  hours, 
had  been  highly  successful,  and  I  felt  in  buoyant  spirits  as  the  train  speeded 
along  in  the  direction  of  the  "Windy  City." 

We  were  approaching  a  station,  the  brakes  had  been  applied,  and  even 
now  the  train  was  slowing  up.  The  brakies  were  bus}-  once  more,  and  as  they 
passed  through,  announcing  in  strenuous  tones.  "Evanston! — next  stop!  Evans- 
ton! — next  stop!"  an  occasional  passenger  would  rouse  himself  and  make  ready 
to  take  his  leave.  To  me,  however,  this  stir  and  tumult  was  of  little  moment. 
My  thoughts  were  centered  upon  the  one  idea  of  getting  Mrs.  Watson  safely  away, 
and  although  I  felt  highly  elated  over  the  financial  outcome  of  my  trip,  the  subject 
of  her  presence  in  the  city  under  the  circumstances  was  the  skeleton  at  my  feast. 

Soon  the  suburban  town  of  Evanston  was  reached,  and  the  great  iron 
monster  had  hardly  ceased  its  throbbings,  when  there  was  a  din  and  confusion 
outside  that  rose  high  above  the  natural  tumult  around  the  depot.  It  was  the 
"newsies"  shouting  out  the  different  features  of  the  evening  papers,  and  as  one 
great  arm}-  they  clamored  about  in  noisy  demonstration.  Every  passenger  by 
this  time  had  become  inoculated  with  their  enthusiasm,  and  from  window  and 
platform  were  fast  dissipating  the  youngsters"  stock  in  trade. 

What  a  chorus  of  voices !  I  thought,  but  paid  little  heed  to  the  inharmony 
of  sound  until  one  shrill  shout  aroused  me  from  my  lethargy  and  seemed  to  chill 
every  drop  of  blood  in  my  veins. 

112 


Garden  patch  in  the  heart  of  the  forest,  showing  the  agricultural  possibilities  of  the 

timber  land  of  Oregon  after  clearing.      This  photograph  was  taken  on  a 

homestead  claim  near  the  Sanitam  River,  in  Linn  County 


"All  about  the  sensational  capture  of  Mrs.  Watson !" 

"Here's  your  latest  about  the  woman  millionaire  in  jail!" 

"Full  particulars  of  the  capture  of  the  land  fraud  queen !" 

And  so  on,  until,  sick  at  heart  and  bewildered  in  mind,  I  re-entered  the 
car  and  took  my  seat,  after  vainly  endeavoring  to  purchase  a  paper.     "Sold  out !' 
was  the  answer  that  greeted  me  on  every  hand,  and  for  once  I  was  left. 

Oh,  well,  thought  I,  "sour  grapes,"  and  for  the  moment  I  did  not  care 
to  read.  Then  came  the  reaction,  and  appreciating  the  seriousness  of  the  situation 
I  was  determined  to  learn  the  truth. 

"That  paper,  son !"  I  exclaimed  to  a  young  man  sitting  directly  in  front 
of  me,  and  suiting  the  action  to  the  word,  I  grabbed  it  from  his  hands. 

"But  it's  mine !"  was  his  alarmed  rejoinder,  as  he  tugged  at  it  with  jealous 
instincts. 

"It  don't  make  any  difference,"  was  my  frantic  answer.  "I  must  have 
it!"  and  tossing  him  a  coin  as  a  balm  to  his  injured  feelings,  I  continued  more 
soothingly,  "there's  your  money  back — just  keep  the  change" — and  I  had  my 
way. 

Talk  about  headlines !  Whoever  made  them  up  for  this  paper  was  cer- 
tainly a  past  master  in  the  art.  They  were  the  most  glaring  I  ever  beheld,  and 
the  combination  of  different  colored  inks  reminded  me  of  the  varied  hues  of  a 
rainbow.  And  then  the  body  of  the  article !  Why,  it  would  have  done  credit 
to  one  of  "Nick  Carter's"  most  bloodthirsty  tales ! 

Mrs.  Watson  was  described  as  a  woman  of  wonderous  beauty  and  capti- 
vating manner,  who  had  surrounded  herself  with  a  desperate  gang  of  border 

Page   113 


ruffians  who  made  her  homested  claim  in  Township  11-7  their  constant  rendez- 
vous, when  not  making  incursions  into  the  neighboring  settlements  and  tearing 
Uncle  Sam's  land  up  by  the  roots  and  running  off  with  it  to  their  mountain 
fastness. 

According  to  this  pen  picture,  she  had  defrauded  the  Government  out  of 
millions  of  acres,  and  there  were  columns  of  details  showing  how  she  had  been 
systematically  operating  for  years. 

To  me  the  description  was  ludicrous.  As  a  matter  of  fact,  she  had  acted 
in  perfect  good  faith  in  all  her  transactions,  and  although  mixed  up  in  a  way 
in  some  of  the  land  frauds,  it  \vas  on  account  of  being  imposed  upon  by  her 
friends. 

As  to  the  pictures  of  Mrs.  \Yatson  appearing  in  the  Chicago  papers,  there 
was  no  more  of  a  resemblance  to  her  than  of  some  mythical  person.  The  only 
authentic  photograph  of  Mrs.  Watson  that  has  ever  been  printed  appears  in 
these  pages,  and  it  shows  that  she  is  anything  but  the  gaudy  creature  portrayed 
in  the  columns  of  the  enterprising  Chicago  newspapers.  The  description  of  her 
wearing  apparel  was  also  absurd.  Although  known  by  her  friends  to  dress  in 
good  taste,  she  was  depicted  as  wearing  exquisite  gowns,  and  fairly  dazzling  with 
diamonds,  with  hat  fully  thirty  inches  wide,  and  an  ostrich  plume  a  yard  long. 
The  fact,  is,  what  purported  to  be  a  picture  of  Mrs.  Watson  was  none  other  than 
that  of  some  swell  actress  dressed  for  the  occasion. 

It  was  now  close  to  5  o'clock  and  we  were  nearing  Chicago.  My  first 
step  upon  reaching  the  city  had  been  fully  determined  upon,  and  no  sooner 
had  the  train  stopped  than  I  was  on  my  way  to  an  attorney's  office.  I  handed 
him  the  evening  paper,  and  after  acquainting  him  with  the  circumstances  attend- 
ing Mrs.  Watson's  flight  from  California,  her  stay  in  Chicago  and  her  plans  for 
going  on  to  New  York,  requested  that  he  see  her  at  once  and  learn  the  facts 
connected  with  her  capture,  after  which  he  was  to  report  to  me. 

In  less  than  two  hours  he  returned  with  the  statement  that  Mrs.  \Yatson 
had  been  arrested  by  Secret  Service  men  of  the  Government  about  9  o'clock  in 
the  morning;  that  she  had  been  "sweated"  by  some  of  the  best  detectives  in  the 
service  and  had  borne  up  under  their  inquisition  with  great  fortitude,  absolutely 
refusing  to  talk  or  be  interviewed,  and  that  at  the  present  time  she  was  in 
charge  of  the  matron  at  the  North  Side  Dearborn  street  jail.  He  informed  me 
further  that  she  had  expressed  an  intention  to  waive  all  rights  to  any  preliminary 
hearing;  would  not  fight  extradition,  and  wished  to  return  to  Oregon  at  once. 
From  another  source  he  learned  that  in  conformity  with  Mrs.  Watson's  expressed 
desire,  she  would  be  sent  back  in  charge  of  a  deputy  United  States  Marshal,  and 
in  all  probability  would  leave  the  next  evening. 

With  this  information  at  hand,  there  was  nothing  more  for  me  to  do 
that  night,  as  I  also  learned  through  my  attorney  that  positive  instructions  had 
been  given  the  matron  not  to  permit  anyone  to  see  or  converse  with  Mrs.  Watson, 
and  that  this  order  was  to  apply  particularly  to  one  S.  A.  D.  Puter. 

The  next  morning  I  found  that  all  the  papers  were  teeming  with  the  story 
about  the  capture  of  Mrs.  Watson.  It  was  the  talk  of  the  city,  in  fact,  and  I 
wondered  how  a  matter  of  that  kind  should  create  so  much  local  interest.  The 
press,  no  doubt,  was  largely  responsible  for  conditions  in  that  respect,  as  the 
photographs  of  several  of  America's  noted  "beauties,"  not  one  of  whom  repre- 
sented the  real  Mrs.  Watson,  graced  the  front  pages  of  nearly  all  the  morning 
dailies,  and  were  supposed  to  be  reproductions  of  her  classic  features. 

Few,  indeed,  who  could  have  been  able  to  resist  a  desire  to  gaze  on  such 
loveliness  of  face  and  figure  as  portrayed  by  the  newspapers.  She  became  a 
momentary  sensation  on  that  account,  and  the  remarks  of  the  morning  papers 
were  like  fuel  to  the  flames  created  by  the  evening  papers  of  the  night  before. 
Her  exploits  alone,  as  detailed  so  graphically  by  the  clever  reporters,  were  suffi- 
cient to  promote  the  fondest  admiration  in  the  hearts  of  brave  men,  some  of  whom 
would  have  no  doubt  been  extremely  willing  to  furnish  bonds  in  any  amount. 

Page    114 


Mrs.  Emma  L.  Watson,  whose  clever  capture  by  the  Government  Secret  Service  in  Chicago,  was 
the  occasion  for  the  display  of  much  sensationalism  by  the  Windy  City  newspapers 


I  was  in  a  position  to  hear  a  great  many  side-remarks  concerning  her 
arrest,  and  it  was  comical  to  listen  to  the  fusilade  of  comments  from  all  sides. 

"That  woman  should  never  have  been  jugged!"  declared  a  fierce-looking 
Southerner,  as  his  admiring  glances  rested  upon  the  classic  features  of  Maxine 
Elliott. 

"I  should  say  not!"  echoed  a  big  Westerner,  with  equal  indignation,  as 
he  fixed  his  gaze  longingly  in  the  direction  of  a  picture  of  Edna  May  that 
appeared  in  another  paper. 

"It's  a  downright  shame !"  chorused  a  third,  riveting  his  affectionate 
attention  upon  the  beautiful  brow  of  Maud  Adams. 

For  the  boarding-house  at  which  Mrs.  Watson  stopped,  which  was  de- 
scribed in  the  papers  as  one  of  the  most  fashionable  in  the  city,  the  advertisement 
alone  must  have  been  worth  a  small  fortune,  and  I  have  no  doubt  that  prices 
were  advanced  accordingly. 

Old  Oregon  itself  came  in  for  a  goodly  share  of  praise,  for  if  such  as 
the  Watson  woman  could  be  found  in  great  quantity  within  her  borders,  the 
State  Immigration  Commissioner's  office  might  just  as  well  be  dispensed  with. 
and  Western  feminine  loveliness,  instead  of  the  wonderful  commercial,  mineral 
and  agricultural  resources  of  the  country,  should  be  held  out  as  a  sufficient  allure- 
ment to  attract  the  masculine  attention  of  all  nations. 

My  next  move,  after  digesting  the  contents  of  the  newspapers,  was  to 
call  upon  my  attorney  once  more  and  request  him  to  make  another  visit  to  Mrs. 
Watson  and  assure  her  that  I  approved  her  plan  of  returning  to  Portland  with- 
out offering  legal  resistance :  also  that  I  would  leave  for  Portland  myself  within  24 
hours,  and  would  arrange  the  matter  of  bail  for  her  immediately  upon  my  arrival. 

Up  to  this  time  I  had  no  knowledge  whatsoever  concerning  the  method 
of  her  capture,  and  proceeded  to  interest  myself  in  that  direction.  This  was 
no  easy  matter,  as  I  soon  discovered,  as  it  was  impossible  for  me  to  gain  any- 
thing definite  from  the  newspapers  bearing  upon  the  subject,  and  I  recognized 
the  futility  of  trying  to  find  out  anything  through  the  Secret  Service  branch  of 
the  Government. 

Fortunately,  I  met  the  friend  who  had  assisted  me  so  ably  by  shadowing 
the  sleuth  who  was  trailing  me  on  the  morning  of  my  second  visit  to  Mrs. 
Watson's  apartments,  and  to  him  I  related  my  tale  of  woe. 

"Wait  until  noon,"  said  he,  "and  I  believe  I  shall  be  able  to  place  you 
in  a  position  to  secure  this  information,  provided  you  work  things  just  right." 

After  outlining  his  plan,  which  appealed  to  me  very  forcibly,  I  improved 
the  interim  by  refreshing  my  memory  relative  to  various  names,  places  of  interest 
and  dates  that  seemed  apropos  to  the  scheme,  and  at  the  appointed  hour  was  on 
hand  at  a  certain  cafe,  where  a  few  moments  later  myself  and  friend  were  joined 
by  a  third  person,  who  had  dropped  in  for  his  customary  noon-day  refreshment. 
The  formalities  of  an  introduction  over,  I  suggested  that  we  might  all  indulge 
in  a  round  of  drinks. 

While  they  were  being  served,  our  conversation  gradually  turned  to  the 
Emma  Watson  case.  I  held  a  morning  paper  in  my  hand,  which  I  apparently 
unconsciously  unfolded,  and  gazing  with  some  degree  of  intentness  upon  the 
supposed  likeness  of  the  subject  of  our  discussion,  took  occasion  to  comment 
upon  her  wonderful  beauty,  and  express  sympathy  that  one  of  her  apparent 
refinement  and  culture  should  be  placed  in  such  an  unfortunate  position. 

"Yes.  she's  a  corker  all  right,"  remarked  my  new  acquaintance,  "but."  he 
continued  with  a  smile,  "that  doesn't  happen  to  be  her  picture." 

"Oh,  you  are  acquainted  with  the  lady,  then?"  I  remarked,  in  an  offhand 
manner. 

"Well,  yes,  somewhat,"  he  replied  with  a  peculiar  expression.  "And  I  tell 
you  she  is  a  brick  at  that." 

"You  see."  chipped  in  my  friend, "this  gentleman  is  in  the  Secret  Service  de- 
partment of  the  Government,  and  is  generally  pretty  wise  on  matters  of  this  kind." 

Page    116 


"Oh,  ho,"  I  answered,  "in  that  event  you  probably  know  all  about  the 
case." 

I  then  shifted  the  subject  of  our  conversation,  and  having  learned  in 
advance  that  my  new  acquaintance  had  come  to  Chicago  some  years  before  from 
a  certain  town-that  I  was  very  familiar  with,  I  managed  to  drift  that  way  with- 
out arousing  suspicion.  He  asked,  of  course,  when  I  was  there  last,  whom  I 
knew,  and  all  about  the  old  place,  and  the  questions  being  answered  to  his  entire 
satisfaction,  he  insisted  that  we  take  luncheon  together  for  old  time's  sake.  My 
friend  found  it  convenient  to  have  an  important  engagement  at  this  point,  so 
the  Secret  Service  man  and  myself  were  left  alone. 

Another  drink  was  in  order,  another  word  or  two  about  the  old  town, 
and  still  another  smile.  We  were  good  friends  by  this  time.  He  liked  my  style 
and  said  so,  with  wonderful  frequency,  and  it  was  not  long  before  we  had  formed 
a  mutual  admiration  society.  I  admitted,  in  fact,  that  since  my  boyhood  days 
I  had  always  entertained  the  highest  regard  for  detectives — especially  great  ones 
like  himself — and  went  on  and  related  how  my  youthful  mind  had  been  fired  by 
reading  tales  of  the  daring  achievements  of  "Old  Sleuth,"  "Hawkshaw,"  "Sher- 
lock Holmes."  Vidocq,  and  a  host  of  other  human  ferrets,  too  numerous  to 
mention. 

Still  another  drink,  and  we  sat  down  to  luncheon,  and  while  waiting  for 
our  order,  the  newspaper,  which  I  had  retained  in  my  hand,  was  again  unfolded. 

"That  Watson  \voman  must  be  a  'hummer,'  "  I  remarked,  by  way  of  open- 
ing the  conversation. 

"More  than  that,"  was  his  prompt  reply.  "Do  you  know,"  he  continued, 
"she  is  looked  upon  as  one  of  the  cleverest  we  have  ever  nabbed.  That  man 
Puter,  too,  is  the  best  ever.  Why,  sir,  he  has  fooled  some  of  the  best  men  we 
have  over  there,"  nodding  his  head  in  the  dirction  of  Secret  Service  headquarters. 

"How  do  you  account  for  it?"  I  asked. 

"Xo  accounting"  he  replied. 

I  had  been  introduced  to  him  under  the  name  of  Lawrence,  and  the  ice 
having  been  broken,  the  story  was  soon  told:  How  Puter  had  spent  several  days 
in  the  city,  and  had,  it  was  believed,  visited  the  Watson  woman  every  day.  Of 
this,  he  said,  they  had  no  positive  knowledge,  but  they  did  know  to  a  certainty 
that  he  managed  to  shake  the  detectives  wherever  and  whenever  he  saw  fit, 
which  fact  was  beyond  comprehension,  as  Puter  had  no  idea  he  was  being  trailed, 
Nevertheless  they  would  lose  him  in  the  shuffle  every  time. 

"Our  captain  put  up  with  it  just  so  long,  but  finally  lost  all  patience  one 
night  when  his  operative  reported  back  that  Puter  had  disappeared  as  if  swal- 
lowed up  by  the  earth.  He  described  how  he  had  trailed  Puter  to  a  certain  point, 
when  all  trace  of  the  quarry  was  lost,  so  the  captain  decided  to  supplant  this  man 
with  another,  and  later  put  two  of  our  boys  on  Filter's  trail. 

"One  of  them  thought  Puter  was  'wise,'  but  the  other  disagreed  with  him, 
and  in  order  to  settle  the  matter,  instead  of  going  into  Puter's  hotel,  they  sta- 
tioned themselves  at  a  convenient  distance  where  they  could  observe  everyone 
going  in  and  out,  and  at  the  same  time  be  free  from  observation. 

"They  did  not  have  long  to  wait  before  their  man  appeared,  and  following 
him  at  a  safe  distance,  they  felt  confident  of  their  ability  to  locate  the  where- 
abouts of  Mrs.  Watson  before  many  hours.  They  had  reckoned  without  their 
host,  however,  as  he  vanished  like  a  mirage. 

"About  two  hours  later,  while  sitting  in  the  hotel  office,  they  noticed 
Puter  come  in  and  go  up  to  his  room,  and  from  that  moment  they  never  lost 
sight  of  him,  until  the  next  morning  when  they  were  relieved  and  permitted  to 
rest  up  for  the  work  of  another  night. 

"Now,  sir,  this  is  where  they  get  in.  or  rather,  when  they  locate  her  hiding- 
place.  When  Puter  came  out  of  the  hotel  that  night,  he  held  a  grip  in  his  hand, 
and  emerged  from  a  side  entrance  leading  from  the  basement.  It  was  a  sure 
shot  that  he  was  'wise,'  for  he  walked  around  for  some  time  before  he  brought 

Page   117 


the  grip  out  with  him,  seemingly  in  an  effort  to  determine  whether  he  was  being 
watched.  It  was  all  apparent  that  he  felt  satisfied  with  the  situation,  at  the  same 
time,  wishing  to  avoid  any  possible  chance  of  detection,  he  took  the  precaution 
to  come  out  by  the  basement  route. 

"Our  boys  then  watched  Puter  until  he  took  a  north-bound  car  on  State 
street,  when  they  boarded  the  next  one  and  fixed  it  with  the  motorman  to  make 
the  best  time  he  could,  and  if  possible  catch  up  with  the  car  ahead.  This  could 
not  be  done  on  account  of  the  numerous  stops,  but  nevertheless,  they  were  close 
enough  behind  to  see  Puter  alight,  and  were  sure  of  their  man  on  account  of  the 
grip  he  was  carrying.  They  followed  him  then  over  to  Clark  street,  and  also 
saw  him  take  another  North-bound  car.  Again  they  followed,  taking  the  next 
car  and  working  the  motorman  as  before.  The  grip  was  playing  an  important 
part  now,  and  was  a  target  for  their  observation.  When  within  four  blocks  of 
the  car  ahead  of  them,  they  noticed  that  it  stopped,  and  a  man  got  off  with  grip 
in  hand  and  walking  in  an  easterly  direction. 

"One  of  the  boys  also  alighted  and  went  east  on  a  street  just  three  blocks 
south  of  the  one  Puter  was  on,  making  the  first  corner  in  time  to  see  him  cross 
over  and  continue  east,  our  man  doing  likewise,  but  when  he  reached  the  next 
corner,  Puter  \vas  nowhere  in  sight. 

"Our  other  man  had  continued  north  on  the  Clark  street  car  to  a  point 
one  block  north  of  the  street  upon  which  Puter  had  alighted,  he,  too,  going  east. 
In  due  time  our  boys  came  together ;  and  it  was  decided  that  the  one  they  were 
after  must  be  within  two  or  three  blocks,  so  they  looked  up  all  the  likely  places, 
visiting  private  hotels  and  boarding-houses,  until  they  finally  located  their  party. 

"Giving  an  accurate  description  of  Mrs.  Watson,  one  of  our  boys  inquired 
if  any  person  answering  that  description  was  stopping  there,  and  upon  receiving 
an  affirmative  answer,  they  took  the  landlady  into  their  confidence,  assuring  her 
that  they  would  create  no  disturbance,  nor  would  any  arrest  be  made  that  night. 
but  that  they  must  be  given  quarters  in  her  house,  convenient  to  those  of  Mrs. 
Watson.  This  was  agreed  to,  and  she  was  not  molested  that  night. 

"Puter  left  shortly  afterward,  and  one  of  our  boys  trailed  him  to  his 
hotel,  later  reporting  to  headquarters  all  that  had  occurred,  and  then  returned 
to  Mrs.  Watson's  stopping-place  accompanied  by  the  Captain,  who  approved  all 
that  had  been  done,  and  instructed  his  men  to  keep  a  close  watch  on  the  Watson 
woman  until  they  received  further  instructions.  Nothing  else  was  done  until 
the  next  morning,  and  Mrs.  Watson  was  permitted  to  eat  her  breakfast  as 
usual,  little  thinking  that  she  was  dining  in  the  same  room  with  her  prospective 
captors. 

"At  9  o'clock  that  morning,  Captain  Porter  called  in  person  at  Mrs.  Wat- 
son's apartments,  and  knocking  at  the  door,  was  admitted  by  the  lady  herself. 
'Is  this  Mrs.  Watson?'  he  asked.  'It  is,'  was  the  reply;  'what  can  I  do  for  you?' 
The  Captain  informed  her  that  he  had  a  warrant  for  her  arrest,  and  she  simply 
said,  'All  right,  I  will  go  with  you.'  and  putting  on  her  hat,  she  accompanied  him 
to  headquarters. 

"We  had  lots  of  fun  when  Mrs.  Watson  was  brought  in,"  continued  the 
detective.  "Everybody,  of  course,  wanted  to  see  the  wonder  from  the  West, 
and  it  is  needless  to  state  that  every  man  in  the  service  who  could  cro\vd  into 
headquarters  made  it  convenient  to  be  there.  The  lads  all  fell  in  love  with  that 
woman.  Her  independent  spirit  won  'em  to  the  last  man,  but  most  fun  of  all 
was  when  Detective  Gallagher  blew  in.  Somebody  had  met  him  on  the  street  and 
tipped  it  off  that  Mrs.  Watson  had  been  captured.  In  order  for  you  to  prop- 
erly understand,  I  will  state  that  this  fellow  Gallagher  had  been  after  the  Watson 
woman  for  some  time,  and  also  trailing  Puter  in  the  hope  of  finding  her,  but  he 
got  slipped  up  so  often  that  he  quit  in  disgust.  W'hen  he  heard  of  her  arrest,  in 
he  bounded  post  haste,  and  going  up  to  Captain  Porter,  blurted  out :  'Got  'er,'ey  ? 
Great  work,  Cap.,  but  keep  a  weather  eye  on  that  gal  or  she'll  turn  up  missin' 
afore  you  can  say  Jack  Robinson.  Don't  overlook  the  shackles,  either,  when  she 

Page   118 


Capt.  J.  A.  Sladen,  Clerk  U.  S.  Circuit  Court  of 

Oregon,  before  whom  many  of  the  land 

fraud  defendants  had  their 

preliminary  hearing 


goes  to  Oregon,  Cap.,  and  send  two  of  the  best  along,  for  if  Puter  and  McKinley 
get  next,  they  will  have  her  off  that  train  in  a  jiffy,  even  if  they  have  to  hold 
it  up.' 

"The  Watson  woman  sat  there  listening  to  every  word  that  Gallagher 
uttered  but  she  never  batted  an  eye  until  he  had  finished  his  spiel.  Then  she 
arose,  and  going  straight  up  to  him,  she  looked  him  square  in  the  eye  before  the 
whole  bunch  of  detectives,  and  said:  'I  guess,  sir,  that  the  United  States  Marshal 
is  amply  capable  of  taking  care  of  me  without  your  assistance.  Do  you  realize, 
sir,  that  it  is  a  woman  you  are  talking  about?  By  what  right  do  you  interfere? 
What  have  you  done  to  effect  my  capture?  Not  a  single  thing!  You  it  was 
who  trailed  Mr.  Puter  for  weeks,  but  to  what  avail?  You  it  was  who  tried  to 
locate  me,  but  with  what  success?  These,  sir,  (pointing  to  the  two  lads  that 
were  with  the  Captain  when  he  brought  her  in)  are  the  gentlemen  who  captured 
me,  and  to  whom  all  credit  is  due;  and  it  is  for  them,  not  you,  to  say  when  I 
shall  be  deported,  and  in  what  manner.' 

Page   119 


"Finishing  her  outburst  of  indignation,  in  which  she  made  no  attempt 
to  conceal  her  disgust  for  Gallagher.  Mrs.  Watson  turned  around  and  resumed 
her  seat  like  a  queen,  amidst  the  silent  applause  of  all  present.  She  had  won  their 
hearts  hands  down,  and  as  the  clatter  of  voices  could  be  heard  once  more, 
Gallagher  could  be  seen  making  a  quiet  sneak,  with  the  air  of  one  who  refused 
to  be  comforted." 

Luncheon  finished,  there  was  nothing  further  for  me' to  do  but  to  make 
my  leave-taking  from  my  new-found  friend  as  pleasant  as  possible,  which  I  did 
with  the  best  grace  at  my  command. 

Returning  to  the  office  of  my  attorney,  I  learned  that  all  arrangements 
had  been  perfected  for  Mrs.  Watson's  return  to  Oregon  that  night,  accompanied 
by  Deputy  United  States  Marshal  Milton,  a  gentleman  fully  65  years  of  age. 
who  was  one  of  the  most  trusted  men  in  the  Government  service.  I  then  sent 
word  to  her  through  my  attorney  that  I  should  also  probably  leave  for  Portland 
the  same  evening  or  the  following  morning,  at  the  very  latest. 

Upon  my  arrival  in  Portland  I  ascertained  that  Mrs.  Watson  had  reached 
the  city  the  evening  before,  and  was  stopping  at  the  Imperial  Hotel,  having 
furnished  cash  bond  in  the  sum  of  $4,000  as  soon  as  she  got  there. 

I  was  somewhat  surprised,  in  calling  upon  Mrs.  Watson  at  the  hotel,  to 
find  her  in  excellent  spirits.  She  had  enjoyed  the  trip  immensely,  she  said,  and 
was  greatly  pleased  with  the  kind  consideration  shown  her  by  Deputy  Marshal 
Milton,  whom  she  declared  was  a  gallant  escort. 

Some  weeks  later,  while  discussing  the  arrest  of  Mrs.  Watson  with  an 
old  acquaintance  who  happened  to  be  in  the  Government  service,  I  was  consid- 
erably amused  to  learn  of  Col.  A.  R.  Greene's  wild-goose  chase  across  the  conti- 
nent in  response  to  the  first  news  of  her  capture.  The  Special  Inspector  of 
the  Department  of  the  Interior  was  of  that  calibre  who  fancied  that  everything 
would  go  wrong  unless  he  were  consulted  upon  an  important  matter  of  this 
character. 

Rushing  to  his  room  as  soon  as  he  got  word  that  Mrs.  Watson  had  been 
apprehended,  he  bundled  what  wearing  apparel  he  could  get  hold  of  in  his  haste, 
and  made  a  break  for  the  railroad  depot. 

"First-class  ticket  for  Chicago !"  he  thundered.  "Never  mind  the  Pullman 
— I  can  get  that  on  board.  Oh,  yes ;  my  change — I  nearly  forgot  that,"  and  he 
bolted  through  the  gate  like  the  belated  fragment  of  a  Kansas  cyclone,  with  his 
billygoat  whiskers  streaming  behind  as  a  fluttering  farewell. 

The  train  seemed  to  creep  along  with  snailish  speed  to  the  one  whose 
vivid  imagination  led  him  to  believe  that  everything  would  be  at  a  standstill  until 
he  got  there.  His  eagerness  knew  no  bounds,  and  the  Windy  City  had  no  sooner 
been  reached  than  he  jumped  into  a  waiting  cab  and  was  away  like  a  flash  for 
the  United  States  Marshal's  office,  where  his  animated  appearance  created  no 
end  of  surprise. 

"Why,  hello,  Greene,  old  boy ;  how  are  you  ?"  came  from  one. 

"Thought  you  were  out  in  Oregon?"  chimed  in  another. 

"Well,  well,  well,  if  it  isn't  the  old  man  himself,"  echoed  a  third,  and  being 
more  bold  than  the  others,  he  ventured  to  ask: 

"What  brings  you  here,  Colonel?" 

"Oh,  nothing  much,"  he  replied  with  an  air  of  nonchalance ;  "just  came 
to  take  her  back,  that's  all." 

"Take  who  back?"  came  a  chorus  of  voices. 

"\Yhy,  the  woman  we  have  been  hunting  for  these  many  moons,  of  course 
— Mrs.  Watson,  the  land  fraud  queen,  to  be  sure !" 

Then  they  all  gave  him  the  horse-laugh,  until  one,  in  the  pity  of  his  heart, 
broke  the  sad  news  to  the  famous  Government  sleuth,  and  told  him  how  she 
had  been  gone  long  enough  to  be  pretty  near  home  by  this  time,  and  that  he 
had  had  his  labor  for  his  pains  in  coming  after  her. 

Page   120 


My  informant  assured  me  that  the  Colonel's  face  took  on  a  look  of  decom- 
posed woe  when  he  heard  this  news.  He  gasped  for  breath,  and  complained  about 
the  sultriness  of  Chicago  climate,  while  a  sickly,  castor  oil  smile  played  around 
his  features. 

To  think,  after  he  had  become  reconciled  to  the  fact  that  his  bird  had 
flown,  that  the  Marshal  should  have  had  the  utmost  disregard  for  the  fitness 
of  things  by  sending  her  on  that  long  journey  accompanied  by  a  man  of  fully 
65  summers,  and  the  Lord  only  knows  how  many  winters !  It  was  preposterous, 
and  he  would  look  into  the  matter. 

"He  will  never  land  her  there !"  ejaculated  the  Colonel  vehemently,  "Never, 
sir!  never!  You  ought  to  have  sent  at  least  two,  if  not  three,  of  your  best  men 
back  with  her,  Captain,  or  else  have  waited  until  I  got  here — you  should  have 
known  that  I  was  coming  for  her,"  he  added  sorrowfully,  and  once  more  his 
countenance  assumed  a  mournful  expression. 

It  made  him  sore  to  think  that  he  should  have  made  the  trip  all  the  way 
from  Portland  only  to  learn  that  Mrs.  Watson  had  passed  him  while  en  route, 
and  might  even  now  be  in  the  "Rose  City/'  providing  she  had  not  been  rescued 
from  the  law's  clutches  by  a  desperate  gang  of  land  frauders,  headed  by  the 
notorious  Puter  and  McKinley. 

Several  days  after  Colonel  Greene  returned  to  Portland,  the  question 
of  his  whereabouts  became  a  topic  of  serious  consideration  around  the  United 
States  Marshal's  office.  He  had  been  traced  to  Chicago,  and  the  dispatch  from 
that  point  was  very  emphatic  in  the  declaration  that  he  had  left  there  on  the 
very  evening  of  his  arrival,  presumably  for  the  Oregon  metropolis.  This  was 
a  week  ago,  but  no  Col.  Greene  had  put  in  an  appearance.  Could  anything  have 
happened  to  him?  was  the  question  of  the  hour.  Some  were  inclined  to  believe 
that  either  Puter  or  McKinley — and  perhaps  both — were  responsible  for  his 
absence,  while  others  were  unkind  enough  to  hint  that  he  might  have  been  kid- 
napped by  Marie  Ware,  and  it  was  even  suggested  that  the  Government  should 
put  sleuths  or  bloodhounds  on  his  trail,  with  a  view  of  ascertaining  the  facts. 

The  truth  came  out  at  last,  when  one  of  his  intimates  gave  the  whole 
snap  away.  The  Colonel  felt  so  sore  on  account  of  having  had  his  labor  for  his 
pains,  that  when  he  got  back  to  Portland  he  was  afraid  to  face  the  music,  and 
had  virtually  crawled  into  a  hole  and  pulled  the  hole  in  after  him.  In  other 
words,  he  had  sought  the  seclusion  granted  by  his  private  apartments,  and  was 
not  at  home  to  anybody  until  after  the  affair  blew  over. 

After  my  interview  with  Mrs.  Watson  at  the  Imperial  Hotel,  I  concluded 
to  call  on  my  attorney,  Mr.  Mays,  but  hesitated  in  doing  so,  as  I  knew  that  he 
would  hold  me  responsible  for  her  capture  and  blame  me  accordingly  in  the 
absence  of  any  knowledge  of  conditions.  With  this  thought  in  mind,  and  being 
in  no  humor  to  invite  his  displeasure  and  consequent  reprimand,  I  remained 
away  from  his  office  until  the  second  day  after  my  return,  and  felt  greatly  re- 
lieved, when  I  did  call,  to  learn  that  he  had  just  stepped  out.  Shortly  afterwards, 
however,  I  called  again,  this  time  to  find  him  engaged  in  conversation  with  a 
client,  and  apparently  too  busy  to  confer  with  me,  which  situation,  I  was  pleased 
to  observe,  required  that  I  should  retire  and  see  him  upon  a  more  propitious 
occasion.  I  had  remained  long  enough  to  break  the  ice,  and  that  was  all  I  could 
expect  tinder  the  circumstances. 

The  next  morning  I  found  him  alone  and  apparently  waiting  to  see  me, 
so  putting  on  a  bold  front  in  the  consciousness  of  being  blameless  so  far  as 
Mrs.  Watson's  capture  was  concerned,  I  seated  myself  with  perfect  indifference 
to  fate,  and  was  prepared  to  face  the  music. 

It  came  soon  enough,  for  I  was  hardly  comfortably  settled  in  one  of  his 
big  easy  chairs  before  he  had  whirled  around  from  his  desk  and  fixed  his 
eyes  steadfastly  upon  me,  as  if  endeavoring  to  subdue  me  with  his  majestic 
glance.  "How  did  you  come  to  make  such  a  botch  of  that  job?"  was  his  first 
question,  after  a  moment  or  two  of  this  sort  of  bluff. 

Page   121 


"Botch  nothing,"  was  my  reply,  meeting  his  stony  stare  with  equal  imper- 
tinence. "I  did  the  best  I  possibly  could  under  the  circumstances,  and  probably 
as  well  as  anybody  else  could  have  done,  all  things  considered." 

"Yes,  you  did  fine!"  was  his  cynical  rejoinder. 

"Well,  what  do  you  know  about  it?"  I  asked,  defiantly. 

"Know  about  it?    Why,  I  know  everything!"  he  replied. 

"You  know  nothing — absolutely  nothing!"  I  responded,  with  considerable 
warmth.  "You  have  probably  been  reading  the  newspaper  reports,  or  else  lending 
your  ear  to  the  tale  of  some  jackass  who  knows  as  little  as  yourself  concerning 
the  facts." 

Noting  at  this  phase  of  our  conversation  that  Mays  was  wavering,  and 
seeing  my  opening,  I  went  on  to  state  that  only  the  Chicago  detectives.  Mrs. 
Watson  and  myself  knew  anything  about  the  circumstances  attending  her  arrest, 
and  further,  that  not  a  living  soul,  outside  of  Mrs.  Watson  and  I,  were  familiar 
with  conditions  leading  thereto. 

"I  know  that  Mrs.  Watson  has  not  mentioned  the  subject  to  you,  and  also, 
as  you  must  admit,  that  I  have  not  yet  been  given  an  opportunity  to  make  any 
explanations,"  I  continued,  "consequently  you  are  entirely  in  the  dark." 

My  remarks  seemed  to  exercise  a  quieting  effect  upon  my  worthy  antag- 
onist, and  seeking  to  take  advantage  of  the  situation,  I  related  the  whole  story 
in  detail :  how  I  had  been  trailed  from  the  time  of  my  arrival  in  Chicago  until 
the  very  moment  that  Mrs.  Watson's  hiding-place  had  been  discovered.  I  also 
related,  to  the  most  minute  particular,  how  I  had  managed  to  elude  the  officers. 
and  of  the  preparations  I  had  made  for  her  escape.  I  admitted,  however,  that 
I  might  have  displayed  even  greater  precaution  had  I  been  properly  advised  that 
conditions  demanded  it;  but  that,  inasmuch  as  I  was  laboring  under  the  impres- 
sion that  indictments  could  only  be  returned  against  us  in  the  24-1  case,  and 
knowing,  as  I  did,  that  the  Government  had  no  ground  to  stand  on  in  that  pro- 
ceeding, I  could  not  perceive,  either  before  or  at  the  time  of  Mrs.  Watson's 
arrest,  wherein  her  capture  made  any  material  difference  so  far  as  our  standing 
in  court  was  concerned. 

"But  now,"  said  I,  "since  my  return  to  Portland  I  have  ascertained  that 
we  have  been  indicted  in  the  11-7  case,  and  right  here  is  where  we  shall  find 
ourselves  up  against  the  real  thing.  You  told  me.  Mays,  before  I  started  for 
Chicago,  that  the  statute  of  limitations  would  bar  our  prosecution  in  the  11-7 
case,  and  on  the  strength  of  your  assumptions  I  felt  that  there  was  nothing  to 
fear ;  but  now,  as  soon  as  I  get  back  here,  I  learn  that  we  have  been  indicted  by 
the  Federal  Grand  Jury  on  this  very  case,  and  you  mark  my  words,  Mr.  Mays — 
we  are  up  against  it." 


Page    122 


Chapter  X 


Heney's  coup  in  substituting  the  ii-f  case  for  that  of  the  24-1  throws  consterna- 
tion in  the  ranks  of  the  defendants,  and  upsets  Mays'  arrangements  with 
United  States  Attorney  Hall  to  have  Heney  beaten  in  the  weaker  case, 
so  as  to  open  the  doors  for  the  dismissal  of  the  other — Marie  Ware  meets 
an  interesting  mining  man,  ivho  is  assiduous  in  his  attentions,  and  almost 
wins  her  tender  young  heart,  but  he  proves  to  be  Douglas  W .  Doyle,  of 
the  Government  Secret  Service,  and  the  astounding  discovery  causes  the 
wedding  bells  to  go  on  a  strike — Colonel  Greene  shows  to  disadvantage 
as  a  sleuth — Details  of  the  final  preparations  for  the  great  11-7  battle. 

MAYS  was  free  to  admit  that  the  11-7  case  was  a  dangerous  proposition, 
but  insisted  that  there  was  nothing  to  fear,  as  the  statute  of  limitations 
had  barred  all  criminal  proceedings,  and  that  he  would  experience  little 
difficulty  in  quashing  the  indictment  on  demurrer.  I  was  at  a  loss  to  comprehend 
why  an  indictment  should  have  been  returned  against  us  in  the  11-7  case,  unless 
the  prosecution  hoped  to  secure  convictions  under  it  and  felt  sanguine  of  its 
validity ;  but  as  Mays  was  so  positive  that  it  was  fatally  defective,  he  inoculated 
me  with  some  of  his  confidence,  and  I  gradually  came  to  believe  the  cases  would 
ultimately  be  thrown  out  of  court. 

What  I  most  feared  in  the  11-7  case  was  that  by  reason  of  the  fact  of 
ten  persons  being  involved,  it  was  not  unlikely  that  one  or  more  of  them  might 
be  induced  to  make  a  confession,  and  by  standing  in  with  the  Government,  would 
secure  immunity  from  punishment  in  order  to  save  their  own  scalps.  If,  how- 
ever, the  status  of  the  case  was  as  Mays  predicted,  there  could  be  no  serious 
cause  for  alarm. 

Personally,  I  had  no  fear  whatever  as  to  the  outcome  of  the  24-1  case, 
as  the  six  entrymen  who  were  supposed  to  have  taken  up  the  claims  were  purely 
fictitious;  that  no  one  outside  of  Marie  Ware,  McKinley  and  myself  were  aware 
of  this  fact,  and  as  it  would  be  impossible  for  the  Government  to  produce  the 
original  claimants  to  the  land,  it  was  a  foregone  conclusion  that  no  basis  of 
conspiracy  could  be  established. 

In  the  course  of  our  conference  Mays  called  my  attention  to  a  current 
report  that  William  J.  Burns,  recognized  generally  as  one  of  the  shredwest 
detectives  in  the  employ  of  Uncle  Sam,  was  engaged  in  searching  for  evidence 
against  us,  and  that  he  was  assisted  by  a  large  staff  of  Government  Secret 
Service  men,  all  of  whom  were  experts  in  their  line,  and  pointed  out  the  necessity 
of  seeing  Marie  Ware  and  Horace  G.  McKinley  at  once  and  cautioning  them 
against  being  interviewed  by  anybody,  particularly  with  reference  to  the  24-1 
case. 

He  then  instructed  me  to  be  in  readiness  for  trial,  as  the  case  would 
undoubtedly  proceed  at  the  May  term  of  Court,  at  which  time  I  would  be  ex- 
pected to  have  my  witnesses  present. 

In  addition  to  Judge  Martin  L.  Pipes,  of  Portland,  I  had  employed  my 
brother,  Lawrence  F.  Puter,  of  Eureka,  Cal.,  to  represent  me  at  the  trial. 
Mays  was  also  to  remain  in  the  case,  but  in  the  capacity  of  silent  counsel,  as  he 
deemed  it  unwise  to  appear  openly  in  my  behalf  on  account  of  his  complicity 
in  the  frauds  with  which  I  was  connected.  He  preferred  to  remain  in  the 
background,  and  pin  his  faith  to  the  hold  he  had  on  United  States  Attorney 
John  H.  Hall,  the  idea  being  to  try  us  on  the  24-1  case,  where  Heney  was  certain 
to  meet  with  defeat,  thus  discouraging  the  Government  in  relation  to  the  other 

Page   123 


Prof.  F.  J.  Tnland,  the  celebrated  handwriting  expert,  whom  the  defendants  in  the 
11-7  case  brought  out  from  the  East  to  combat  the  Government  experts 


prosecutions,  so  that  it  would  be  an  easy  matter  for  Hall  to  ask  for  the  dismissal 
of  the  11-7  case  when  it  came  up.  He  was  also  to  aid  us  by  hunting  up  points 
of  law  for  use  in  the  effort  to  attack  the  indictment  on  demurrer  in  the  11-7  case. 

Miss  Ware  was  represented  by  Charles  A.  Hardy  and  A.  C.  Woodcock, 
of  Eugene,  Oregon,  while  Horace  G.  McKinley  enlisted  the  services  of  Judge 
Thomas  O'Day,  of  Portland. 

Mrs.  Emma  L.  Watson,  although  one  of  the  defendants,  refused  abso- 
lutely to  employ  counsel,  contending  that  she  was  an  innocent  party,  and  having 
nothing  to  fear,  did  not  propose  to  squander  a  penny,  as  she  put  it,  in  attempting 
to  make  a  defense.  If  it  should  develop  that  she  required  the  services  of  an 
attorney,  she  declared  that  it  was  no  more  than  right  that  Mays  and  myself 
should  foot  the  bill,  as  between  us  we  were  entirely  responsible  for  the  predica- 
ment in  which  she  was  placed. 

We  now  found  ourselves  with  only  a  few  weeks'  time  in  which  to  prepare 
for  the  trial  of  the  24-1  case,  as  it  had  been  set  for  May  20,  1904,  and  believing 
that  the  Government's  main  reliance  would  be  circumstantial  evidence  in  the 
shape  of  the  testimony  of  handwriting  experts  that  we  had  forged  the  signatures 
to  the  title  papers  in  the  six  claims,  we  sought  to  establish  a  complete  defense 
by  the  employment  of  experts  to  combat  this  testimony,  in  much  the  same  manner 
that  a  disastrous  conflagration  is  often  averted  by  starting  a  back  fire. 

With  this  object  in  view,  and  knowing  our  innocence  so  far  as  forgery 
was  concerned,  we  spared  neither  time  nor  money  in  our  efforts  to  secure  a 
handwriting  expert  who  possessed  not  only  unusual  ability  but  was  also  endowed 
with  a  high  reputation  for  honesty  and  integrity.  The  expenditure  of  money 
at  this  stage  of  the  game  meant  nothing  to  us.  New  York,  Chicago,  and  other 
cities  offered  experts,  but  they  did  not  appeal  to  us.  Daniel  T.  Ames,  of  the 
Cadet  Whitaker  case,  the  Fair  will  case,  and  numerous  cases  of  national  import- 
ance, was  suggested,  but  was  not  secured.  Finally,  upon  the  recommendation 
of  a  member  of  Congress,  and  a  high  official  of  the  Chicago,  Milwaukee  &  St. 
Paul  Railway  Company,  both  of  whom  had  employed  him  in  different  capacities, 
we  secured  the  services  of  F.  J.  Toland,  of  La  Crosse,  Wis.,  a  man  of  national 
reputation  as  a  penman,  and  who,  while  refusing  retaining  fees  in  many  important 
cases,  had  never  failed  to  secure  a  verdict  in  favor  of  his  clients. 

Mr.  Toland's  commercial  standing — owning  at  that  time  a  chain  of  business 
schools  extending  through  Illinois,  Wisconsin  and  Minnesota,  to  which  he  has 
since  added  South  Dakota  and  Nebraska — besides  his  strict  veracity  and  the 
weight  which  his  clear  and  logical  demonstration  carries  not  only  with  a  jury 
but  with  all  who  have* seen  and  heard  him,  gave  us  every  reason  to  congratulate 
ourselves  on  the  slight  difficulty  we  would  experience  in  overcoming  the  testimony 
offered  by  the  so-called  experts  whom  the  Government  had  enlisted  through  United 
States  Attorney  Hall,  and  who  afterwards  demonstrated  their  absolute  ignorance 
of  the  first  principles  of  expert  testimony,  their  evidence  in  this  respect  being 
considered  so  notoriously  incompetent  that  it  was  practically  ignored  under  orders 
of  the  Court. 

It  was  at  this  stage  of  the  game  where  the  wonderful  legal  sagacity  of 
Francis  J.  Heney  was  first  made  apparent.  It  has  since  transpired  that  Heney 
suspected  Hall  from  the  very  moment  he  had  a  chance  to  diagnose  the  two  cases, 
and  uncovered  the  United  States  Attorney's  miserable  subterfuge  in  playing  up 
the  24-1  case  for  trial,  knowing  full  well  that  it  was  the  weaker  of  the  two,  and 
that  there  was  no  possible  chance  for  conviction.  Heney  recognized  Hall's  dupli- 
city right  away,  and  discerned  in  his  raw  work  an  attempt  to  have  him  beaten  in 
the  24-1  case  and  either  wear  out  the  Government  so  that  he  could  dismiss  the  11-7 
case  without  arousing  suspicion,  or  else  try  it  alone,  and  cover  himself  with  glory 
at  Heney's  expense  by  convicting  us.  He  probably  reasoned  that  Heney  would 
be  called  off  after  losing  the  initial  battle,  after  the  fashion  of  a  disgraced  general 
in  warfare,  and  the  fine  Italian  hand  of  F.  P.  Mays  would  thus  become  uppermost, 
and  suppress  all  further  land  fraud  investigation  in  Oregon.  Even  after  our 

Page   125 


conviction  by  Hall  independent  of  Heney,  what  was  to  prevent  us  from  submitting 
to  a  light  fine,  as  was  done  in  the  Cunningham  case  preceding,  or  else  allow  the 
whole  thing  to  gradually  go  by  the  board  and  resolve  itself  into  a  seven-days' 
wonder  ? 

In  the  Cunningham  case  alluded  to,  the  defendant,  C.  W.  Cunningham,  a 
wealthy  stockraiser  of  Umatilla  county,  Oregon,  had  induced  a  number  of  his 
employes  to  file  homestead  entries  on  a  large  tract  of  vacant  Government  land 
which  was  already  inclosed  in  Cunningham's  vast  sheep  pasture.  All  involved 
were  charged  with  conspiracy  to  defraud  the  Government  of  its  public  lands 
under  Section  5440  of  the  United  States  Revised  Statutes,  and  upon  the  day  set 
for  trial,  while  all  the  witnesses  were  on  hand  ready  for  the  case  to  proceed, 
much  to  everybody's  surprise,  Cunningham  personally  withdrew  his  plea  of  not 
guilty  and  substituted  therefor  a  plea  of  guilty,  and  a  fine  of  $5,000  was  imposed. 
He  had  taken  this  action  without  the  knowledge  of  his  associates,  and  with  a 
single  exception,  the  latter  lost  no  time  in  following  his  example,  a  fine  of  $200 
being  imposed  in  their  cases,  which  Cunningham  agreed  to  pay.  Upon  his  subse- 
quent refusal  to  do  so,  the  Court  imposed  the  cost  penalty  upon  him.  No  jail 
sentence  was  given  in  any  instance,  and  it  was  the  general  impression  that  Cun- 
ningham's political  prominence  had  much  to  do  with  United  States  Attorney 
Hall's  recommendations  in  his  case,  and  not  by  reason  of  any  mitigating  circum- 
stances. 

However,  Heney  not  only  secured  the  substitution  of  the  11-7  case  for 
that  of  the  24-1,  but  succeeded  in  having  the  cases  postponed  until  Fall,  so  that 
after  the  demurrers  were  overruled  by  United  States  District  Judge  Bellinger 
on  October  21st,  1904,  the  11-7  case  was  placed  on  the  calendar  for  trial  a  month 
later. 

McKinley  and  I  arrived  in  Portland  shortly  before  November  21,  the 
date  set  for  trial,  and  were  greatly  surprised  when  we  ascertained  the  new  phase 
of  the  situation,  and  that  we  were  to  be  tried  under  the  11-7  indictment  instead 
of  that  covering  the  24-1  offense.  We  were  sorely  disappointed  because  we  had 
made  all  arrangements  for  going  to  trial  on  the  latter  case,  whereas,  on  account 
of  the  limited  time,  we  were  in  no  position  to  prepare  a  satisfactory  defense  in 
the  11-7  case. 

However,  we  lost  no  time  in  making  the  best  of  a  bad  bargain,  and  I 
personally  rounded  up  as  many  of  the  original  ten  entrymen  in  the  township  as  I 
could  find,  and  succeeded  in  holding  conferences  with  Marie  Ware,  Thomas  R. 
Wilson,  Frank  H.  Walgamot,  and  Mrs.  Watson.  The  othjers  had  either  left  the 
country  or  were  beyond  our  control. 

When  I  talked  with  Mrs.  Watson,  she  assured  me  that  she  had  not  been 
approached  by  anyone  during  the  summer  months,  so  I  knew  that  so  far  as  she 
was  concerned  the  Government  sleuths  had  obtained  nothing.  I  also  advised  her 
of  the  Government's  change  of  front  in  switching  from  the  24-1  case  to  that  of 
the  11-7.  in  which  she  was  indicted  jointly  with  Marie  Ware,  Horace  G.  McKinley, 
Dan  W.  Tarpley  and  myself,  together  with  some  of  the  other  entrymen,  and  told 
her  that  although  she  had  located  the  claim  under  the  name  of  Emma  Porter, 
and  an  indictment  had  been  returned  against  her  for  conspiracy,  I  was  informed 
by  my  attorney,  Mr.  Mays,  that  there  was  no  possible  chance  of  conviction  on 
account  of  the  intervention  of  the  statute  of  limitation.  She  was  likewise  admon- 
ished by  me  to  stand  pat  and  decline  to  be  interviewed,  all  of  which  she  agreed  to. 

Calling  upon  Marie  Ware,  I  was  somewhat  annoyed  to  ascertain  that  she 
had  been  hounded  by  Secret  Service  men  all  through  the  summer,  and  that  in  the 
course  of  a  visit  with  friends  at  Spokane,  Wash.,  she  became  acquainted  with 
a  dashy  sort  of  a  fellow  who  represented  himself  as  a  mining  man,  and  who  had 
paid  her  devoted  attention  during  her  stay  there. 

"I  suspected  from  the  first  that  all  was  not  right,"  declared  Miss  Ware 
in  describing  her  experiences,  "as  he  spared  no  expense  in  my  entertainment, 
taking  me  to  theatres  and  other  places  of  amusement  as  often  as  the  opportunity 

Page   126 


presented  itself,  and  never  failing,  upon  these  occasions  to  invite  me  to  indulge 
in  some  sumptuous  repast  afterwards,  which  I  always  accepted,  as  the  dinners 
to  which  he  treated  me  were  of  the  swellest  character.  Nothing,  in  fact,  was 
too  good  for  me,  and  it  afforded  me  a  great  deal  of  pleasure  to  'blow'  him,  as  I 
did  not  care  particularly  for  him,  and  was  indifferent  how  much  money  he 
might  squander  on  me. 

"After  remaining  in  Spokane  about  a  month,  I  returned  to  my  home  at 
Eugene,  Oregon,  and  had  only  been  back  a  few  days  when  I  was  much  surprised 
to  receive  a  call  from  my  new-found  friend.  He  was  aware,  of  course,  of  my 
intended  departure,  but  gave  me  no  intimation  that  he  would  follow  me  home. 
He  lost  no  time  in  stating  that  he  desired  to  see  me  in  regard  to  an  important 
matter,  and  requested -that  I  join  him  that  evening  at  the  hotel,  where  we  could 
enjoy  a  nice  dinner  together. 

"I  became  convinced  then  that  something  was  up,  but  just  what  the  nature 
of  his  mission  was  I  could  not  clearly  fathom,  although  I  surmised  that  he  was 
connected  in  some  way  with  the  Government  Secret  Service,  and  was  endeavoring 
to  cultivate  me  with  a  view  of  securing  a  confession  of  some  sort  that  could  be 
used  against  us  at  the  approaching  trials.  At  all  events,  I  had  perfect  confidence 
in  my  ability  to  withstand  his  inquisitions,  hence  did  not  feel  the  least  bit  of 
hesitancy  in  continuing  the  round  of  pleasure  he  was  affording  me." 

"So  you  called  at  the  hotel  to  see  him,  then  ?"  I  inquired. 

"Certainly  not!"  responded  Marie  with  some  dignity.  "I  guess  I  have 
lucid  intervals.  I  simply  replied,  acknowledging  receipt  of  his  message,  and 
stated  that  I  would  be  pleased  to  dine  with  him  at  the  hotel,  but  that  it  would 
be  necessary  for  him  to  call  for  me  at  my  home.  This  he  did,  and  that  evening, 
after  dinner,  I  entertained  the  gentleman  by  showing  him  some  of  the  local 
points  of  interest,' after  which  he  accompanied  me  to  my  residence,  where  he 
left  me  and  returned  to  his  hotel,  without  making  any  mention  whatever  of  the 
'important  matter'  he  wished  to  see  me  about.  As  I  did  not  deem  it  wise  to 
broach  the  subject,  I  was  forced  to  remain  in  ignorance  temporarily  of  his 
intentions. 

"When  he  called  the  next  day,  in  response  to  my  permission  to  do  so,  he 
had  not  been  with  me  long  before  matters  assumed  a  very  serous  aspect.  After 
reviewing  our  short  acquaintance,  which  he  declared  had  constituted  the  very 
salad  of  his  existence,  he  went  on  to  explain  how  his  feeling  for  me  had  ripened 
into  a  perfect  torrent  of  love,  and  that  life  without  me  would  become  as  bleak 
and  dreary  to  him  as  the  desert  of  Sahara.  It  was  really  pathetic,  this  story  of 
unrequited  affection,  and  I  was  deeply  touched  because  of  his  ardent  revelations. 

"He  then  went  on  to  explain  about  his  big  mining  deals :  how  he  repre- 
sented some  of  the  greatest  financiers  of  the  country  in  the  purchase  of  mining 
properties,  and  which  position  enabled  him  to  secure  holdings  of  great  personal 
value  in  his  own  name.  He  also  told  me  of  deals  which  he  expected  to  consum- 
mate in  the  near  future,  after  which  he  would  probably  be  called  upon  to  make 
a  flying  trip  to  Australia. 

'  'How  delightfully  sublime  it  would  be/  he  continued  in  the  rapture  of 
his  passionate  outburst,  'if  you  could  only  accompany  me,'  and  then,  as  an  evidence 
of  good  faith,  he  continued:  'If  you  will  go,  your  every  desire  in  life  will  be 
guaranteed !'  and  he  became  so  enthusiastic  at  this  point  that  I  experienced  great 
difficulty  in  keeping  him  within  bounds. 

"I  endeavored  to  reason  that  it  was  all  so  sudden ;  that  I  had  never  thought 
of  such  a  thing,  and  that  he  must  give  me  time  to  think  the  matter  over. 

'  'Now,  Miss  Ware— my  darling  Marie !'  he  continued  in  his  ecstacy,  'if 
you  will  consent  to  my  plan,  I  will,  before  our  departure — even  now,  if  you 
insist  upon  it,  transfer  one  of  the  mines  over  to  you  which  I  contemplate  purchas- 
ing. There  is  one,'  he  continued,  'which  I  have  fully  decided  to  buy,  but  do  not 
wish  to  be  known  personally  in  the  transaction,  and  if  you  so  desire  I  shall  have 
it  deeded  direct  to  you.' 

Page   127 


"I  assured  him  that  it  was  a  generous  act  on  his  part,  and  that  I  appreci- 
ated his  kindness  very  much.  As  to  going  with  him  to  Australia,  however,  I 
insisted  that  he  should  give  me  more  time  in  which  to  consider  the  proposition. 

"After  this  modern  knight  errant  had  taken  his  departure,  I  experienced 
great  difficulty  in  bringing  myself  to  a  realization  that  I  had  not  been  dreaming. 
My  heart  was  all  a-flutter,  to  put  it  mildly,  and  it  is  simply  impossible  for  me 
to  describe  my  emotions.  I  was  thoroughly  convinced  that  he  was  endeavoring 
to  ensnare  me  in  some  kind  of  a  trap,  the  nature  of  which  was  beyond  my  com- 
prehension. He  was  to  call  again  that  evening,  however,  so  all  I  could  do  was 
await  developments.  In  the  meantime  I  commenced  to  make  preparations  for 
a  trip  to  Hot  Springs,  on  the  Santiam,  which  I  had  had  in  mind  since  my  return 
from  Spokane. 

"When  he  called  again  that  evening,  I  referred  to  my  contemplated  visit 
to  Hot  Springs,  and  he  asked  permission  to  accompany  me  there.  This  I  declined 
to  grant,  stating  that  I  did  not  consider  it  at  all  proper.  He  insisted  very  urgently, 
but  still  I  refused  to  give  my  consent.  After  remaining  the  greater  portion  of 
the  evening,  he  informed  me  that  he  would  probably  go  on  to  Portland,  and  would 
expect  to  hear  from  me  with  extreme  regularity,  gaining  a  promise  from  me 
that  I  would  write  as  often  as  possible. 

"I  had  been  at  the  Hot  Springs  but  two  days  when  my  new  flame  put  in 
an  appearance.  'Just  couldn't  bear  the  thought  of  remaining  away  from  you,' 
was  the  excuse  he  gave.  'Besides,'  he  continued,  'the  mining  deal  concerning 
which  we  talked,  will  be  in  readiness  for  consummation  by  the  time  we  can  reach 
Portland,  and  I  want  you  to  go  there  with  me.: 

"I  insisted  that  it  would  be  necessary  for  me  to  return  home  before  making 
the  trip,  but  would  meet  him  in  Portland  at  a  given  time,  and  under  that  arrange- 
ment we  parted  company. 

"When  I  arrived  in  Portland,  I  stopped  at  the  Oxford  Hotel,  on  Sixth 
street,  and  the  day  following  my  friend  came  there  also  and  engaged  a  room. 
I  did  not  quite  fancy  the  idea  of  his  putting  up  at  the  same  place  with  me,  but 
what  could  I  do  under  the  circumstances? 

"From  that  time  on  it  was  another  continuous  round  of  pleasure,  and  not 
to  be  in  the  slightest  degree  selfish  in  the  matter,  I  invited  my  sister  to  share 
my  enjoyment.  In  fact,  I  'worked'  him  to  the  queen's  taste,  to  put  it  mildly, 
and  it  would  probably  stagger  the  imagination  to  know  how  much  money  he 
squandered  with  his  lavish  attentions.  We  had  moonlight  auto  rides  galore  and 
the  whole  world  seemed  to  be  a  sphere  of  everlasting  happiness.  We  attended  the 
theatre  every  evening,  and  invariably  wound  up  with  an  elaborate  spread  at  some 
swell  cafe,  until  I  began  to  think  that  I  must  have  been  'a-dreamin'  sure  enough. 

"About  the  fourth  or  fifth  day — I  say  'about'  advisedly,  because  I  took 
no  account  of  the  flight  of  time — my  mining  friend  came  to  me  one  afternoon 
and  after  handing  me  a  document,  announced  that  it  only  required  my  signature 
to  make  me  the  proud  possessor  of  one  of  the  most  valuable  mining  properties 
in  the  United  States.  Gee !  but  wasn't  I  on  pins  and  needles !  I  could  hardly 
restrain  myself,  and  when  he  stated  that  in  order  to  have  everything  regular  it 
would  be  necessary  for  me  to  accompany  him  to  a  certain  bank,  where  he  would 
pay  over  the  balance  due  on  the  option  of  purchase,  and  where  my  signature  could 
be  witnessed,  I  readily  gave  my  consent,  as  I  had  made  a  careful  examination  of 
the  document  in  the  meanwhile,  and  could  find  nothing  objectionable  therein. 

We  then  started  for  the  bank,  but  somehow  or  other  I  became  suspicious 
that  all  was  not  right,  and  determined  to  make  sure  of  my  position  before  signing 
any  papers.  So  I  stopped  my  friend  on  the  street  and  told  him  that,  while  I  had 
every  confidence  in  his  integrity,  I  considered  it  advisable  to  consult  with  my 
attorney,  Judge  Thomas  O'Day,  before  taking  further  action.  He  demurred  to 
this  proposition  and  assumed  a  highly  indignant  attitude,  declaring  that  he  did 
not  wish  to  acquaint  outsiders  with  the  nature  of  our  relations,  and  insisting  that 
everything  was  perfectly  straight. 

Page    128 


Judge  Thomas  O'Day,  leading  attorney  for 
Horace  G.  McKinley  in  the  11-7  case 


'  *Xo,'  said  I.  'we  must  show  this  to  Judge  O'Day,  otherwise  I  shall 
decline  to  attach  my  signature.'  With  this  he  snatched  the  paper  from  my  hand 
in  the  rudest  kind  of  a  manner,  turned  on  his  heel,  and  that  is  the  last  I  have 
ever  seen  of  him." 

As  Miss  Ware  had  made  no  mention  of  the  gentleman's  name  up  to  this 
time,  I  asked  her  to  enlighten  me  on  the  subject,  in  order  that  I  might  seek  to 
establish  his  identity.  This  she  hesitated  to  dp  for  fear  that  publicity  might  be 
brought  upon  her  in  case  the  affair  should  get  to  the  attention  of  the  newspaper? 
in  any  way.  She  insisted  that  he  had  treated  her  with  uniform  courtesy  through- 
out their  brief  acquaintance,  and  outside  of  his  proposal  for  her  to  accompany 
him  to  Australia,  his  conduct  had  been  surrounded  with  the  utmost  propriety. 
Even  the  proposed  trip  to  Australia,  she  said,  wa>  within  the  bounds  of  dignity, 
as  she  understood  him  to  mean  that  they  should  become  man  and  wife  before 
making  the  start,  but  the  general  public  might  not  condescend  to  look  at  it  in 
that  light.  "My  actions  throughout,"  continued  Marie,  "were  strictly  proper, 
although  I  confess  that  I  was  not  altogether  prudent  at  time-." 

Upon  my  assurance  that  I  would  not  permit  the  matter  to  obtain  publicity 
— for  the  time  being,  at  least — she  finally  consented  to  give  me  the  name  of  her 
quondam  friend  by  stating  that  it  was  Douglas  W.  Doyle.  I  proceeded  at  once 
to  make  inquiry  concerning  Mr.  Doyle,  but  could  make  little  headway,  as  nobody 
appeared  to  know  him.  A  few  days  later  Miss  Ware  called  me  up  by  'phone  and 
asked  me  if  I  had  ascertained  anything  about  him.  In  reply  to  my  negative  re- 
sponse, she  stated  that  she  had,  and  requested  me  to  call  immediately,  which  I  did. 

From  an  authentic  source,  she  had  learned  that  Doyle  was  in  the  Govern- 
ment Secret  Service,  and  that  Uncle  Sam  had  footed  all  the  bills  for  her  lavish 
entertainment,  which  had  been  instigated  by  William  J.  Burns,  who  had  set  Doyle 
after  her  with  a  view  of  captivating  her  and  using  this  influence  as  a  key  to 
unlock  the  secrets  in  her  possession.  Aside  from  this  information,  she  was  unable 
to  tell  me  anything  further,  so  I  concluded  to  take  up  the  chase  on  my  own 
account.  After  locating  my  man,  I  trailed  him  for  some  time  personally,  later 
employing  a  private  detective  to  do  the  work  for  me. 

Investigation  resulted  in  our  becoming  familiar  with  his  habits,  and  it 
was  not  long  before  he  had  made  some  new  and  very  genial  acquaintances. 
Heretofore  he  had  played  the  part  of  an  entertainer.  Now  he  was  being  enter- 
tained to  a  finish,  and  so  aptly  had  the  trap  been  laid,  and  the  bait  so  enticingly 
prepared,  that  he  soon  fell  prey  to  the  winning  smiles  that  were  showered  upon 
him  in  such  lavish  profusion.  There  was  nothing  too  rich  for  his  blood,  and 
we  plied  him  with  bubble  water  until  further  orders,  with  the  result  that  in  the 
heat  of  one  of  his  most  frenzied  debauches  he  gave  the  whole  snap  away — told 
us  everything  relative  to  his  affair  with  Marie  excepting  the  wind-up,  and  we 
were  already  posted  about  it.  He  was  too  vain  and  conceited  to  admit  defeat 
at  the  hands  of  a  clever  woman,  notwithstanding  the  old  adage  of  "in  vino 
veritas ;"  but  in  every  other  respect  he  canvassed  the  situation  with  the  highest 
degree  of  accuracy. 

As  a  fitting  climax  to  this  most  remarkable  piece  of  work,  he  declared 
that  he  was  still  possessed  of  the  document,  which,  after  being  signed  by  her, 
he  intended  to  convert  into  damaging  evidence.  In  other  words,  he  explained 
that  the  papers  purporting  to  be  a  transfer  of  mining  property  had  been  prepared 
in  such  a  manner  that  the  last  page  contained  no  writing  whatsoever  with  the 
exception  of  the  notarial  acknowledgment,  and  it  was  his  intention  to  attach 
this  to  a  typewritten  confession,  which  he  would  prepare  at  his  leisure. 

We  were  all  astounded  at  the  man's  revelations,  but  pretended  to  be 
highly  entertained  by  the  portrayal,  evincing  no  concern  beyond  a  desire  to  accord 
him  unlimited  praise  for  his  display  of  ingenuity.  After  a  few  more  bottles. 
Mr.  Doyle  reached  a  stage  of  innocuous  desuetude,  and  his  entertainers  gradually 
faded  away,  leaving  him  as  one  "who  treads  alone  some  banquet  hall  deserted," 
covered  with  glory  and  stray  champagne  corks  that  had  seen  better  days. 

Page    130 


The  next  day  I  called  upon  Miss  Ware  and  acquainted  her  with  the  result 
of  my  investigations.  She  evinced  little  surprise,  remarking  that  Doyle's  story 
simply  confirmed  her  first  impressions  of  the  man,  and  it  was  obvious  to  me, 
judging  from  the  correctness  of  her  diagnosis  of  his  case,  that  a  woman's  intu- 
ition is  an  element  that  must  always  be  reckoned  with. 

We  were  considerably  surprised  to  learn  later,  as  were  also  those  familiar 
with  Doyle's  meteoric  career,  that  he  was  unceremoniously  relieved  from  duty — 
or  "bounced,"  to  use  a  rough  expression — at  the  request  of  his  superior  officer. 
It  was  really  too  bad  that  a  person  of  his  brilliant  attainments  should  meet  such 
a  discouraging  reward,  but  of  such  is  the  kingdom  of  fate,  and  it  is  a  notorious 
fact  that  republics  are  ungrateful ! 

No  sooner  had  the  Doyle  episode  become  a  closed  incident,  than  Miss 
Wrare  became  the  center  of  attraction  for  the  entire  Secret  Service  Department 
of  the  Government.  She  received  numerous  visits  from  strange  men  who  had 
suddenly  developed  a  quickening  of  the  pulse  over  her  manifold  charms,  among 
the  number  being  George  Burns,  son  of  the  man  who  has  become  famous  the 
world  over  for  his  sleuthful  tactics.  Young  Burns  played  the  devoted  lover 
act  for  all  it  was  worth,  and  then  retired,  after  a  week's  effort,  a  sadder,  if  not 
a  wiser,  man,  having  signally  failed  in  his  attempts  to  secure  anything  like  a 
confession  from  Marie. 

His  father,  William  J.  Burns,  then  assumed  personal  charge  of  the  case, 
and  to  him  may  be  given  the  credit  of  securing  an  admission  from  Miss  Ware 
that  frauds  had  been  perpetrated.  She  offered  to  make  a  complete  confession 
upon  conditions  which  made  it  impossible  for  Burns  to  accept.  She  agreed  to 
reveal  to  him  every  detail  connected  with  the  fraudulent  transactions,  of  which 
she  had  personal  knowledge,  provided,  however,  that  he  should  give  her  a  written 
stipulation  from  Judge  Bellinger  that  immunity  from  punishment  should  be 
granted  to  Horace  G.  McKinley,  with  whom  she  had  long  been  in  love,  and 
whom  she  expected  to  marry  as  soon  as  he  could  obtain  a  divorce  from  his  wife. 
Although  a  personal  friend  of  mine,  she  demanded  no  reservation  in  my  behalf, 
but  she  insisted  to  the  last  that  McKinley  should  not  be  prosecuted.  Mr.  Burns,  of 
course,  declined  to  entertain  Miss  Ware's  proposition,  as  he  was  after  both 
McKinley  and  myself,  and  his  heart  was  set  on  convicting  us  both,  which  Heney 
succeeded  in  doing,  notwithstanding  Marie's  refusal  to  make  a  confession. 

After  my  interview  with  her  I  telephoned  for  Dan  W.  Tarpley  to  come 
down  from  Salem  for  the  purpose  of  conferring  with  me  relative  to  the  situation, 
he  being  one  of  our  chief  lieutenants.  In  discussing  the  matter  with  "Lookout 
Dan,"  as  we  called  him,  I  received  information  that  William  J.  Burns  had  a 
regular  army  of  Secret  Service  men  in  the  field,  and  that  he  had  personally 
directed  the  investigations  that  had  been  made  during  the  summer  months,  and 
which  were  still  being  conducted  at  that  time. 

Tarpley  likewise  told  me  that  Burns  had  brought  out  civil  engineers  from 
the  General  Land  Office  at  Washington,  D.  C.,  who  had  surveyed  each  quarter 
section  of  land  involved  in  the  frauds  in  Township  11-7,  and  who  had  also  taken 
various  photographs  of  the  topography  of  each  claim,  in  order  to  show  the 
utter  impossibility  of  any  portion  of  them  ever  having  been  cultivated,  as  set 
forth  in  the  different  final  proofs.  This  information  Tarpley  gained  from  con- 
federates at  Detroit,  Ore.,  the  nearest  town  to  the  11-7  claims. 

He  also  learned  that  Burns'  men  had  been  "sweating"  Robert  B.  Montague, 
deputy  county  clerk  of  Linn  county,  Ore.,  before  whom  six  of  the  ten  entrymen 
had  filed  and  made  final  proof,  and  in  addition  had  interviewed  Dr.  Frank  H. 
Walgamot,  of  Portland,  and  Thomas  R.  Wilson,  of  Salem,  both  of  whom  were 
11-7  entrymen.  Tarpley  stated  that  he  was  in  no  position  to  give  me  the  result 
of  these  interviews,  and  advised  me  to  call  on  the  gentlemen  named  and  learn 
the  facts  from  them. 

Meeting  Wilson  in  Portland  shortly  afterwards,  he  proceeded  to  relate 
his  experiences  with  Government  agents.  My  acquaintance  with  Wilson  began 

Page   131 


Mammaloose  Island  in  the  Columbia  River,  on  the  boundary  between  Oregon 
and  Washington.      L'sed  by  Indians  of  Northwest 

as  burial  ground 


while  he  was  newsboy  on  the  Southern  Pacific  railroad,  running  from  Portland, 
Ore.,  to  Dunsmuir,  Cal.  At  the  time  of  his  interview  with  Colonel  A.  R.  Greene. 
Special  Inspector,  Department  of  the  Interior.  Wilson  was  chief  clerk  in  the  office 
of  the  Warden  of  the  State  penitentiary  at  Salem. 

Wilson  told  me  that  he  had  become  cognizant  of  the  fact  that  Greene 
was  looking  for  him  through  conductors  and  brakemen  with  whom  he  was  for- 
merly employed,  and  his  first  impulse  was  to  leave  the  country,  as  he  fancied  an 
indictment  had  been  returned  against  him  for  his  participation  in  the  11-7 
frauds.  On  second  thought,  however,  he  resolved  to  stay  and  face  the  music, 
as  he  was  holding  a  good  position,  and  moreover  had  concluded  that  the  case 
would  not  amount  to  much. 

In  a  few  days  Warden  James  called  at  his  room  and  informed  him  that 
a  man  named  Greene  wished  to  see  him  down  in  the  office.  The  feelings  of  Wilson 
can  better  be  imagined  than  described  when  he  received  this  startling  intelligence, 
as  all  the  courage  he  had  been  storing  up  for  the  occasion  seemed  to  have  deserted 
him  in  a  hurry.  In  desperation  he  seized  a  flask  of  whisky  near  at  hand  and 
partook  copiously  of  its  contents,  and  thus  braced  up,  he  followed  the  Warden 
downstairs  and  was  ushered  into  the  presence  of  Colonel  Greene. 

The  latter  focussed  his  eagle  eye  upon  the  young  man,  and  then  began 
his  inquisition,  while  a  stenographer  proceeded  to  take  down  the  questions  and 
answers. 

"What  is  your  true  name?"  inquired  the  Government  inspector. 

"Thomas  R.  Wilson,"  came  the  ready  response. 

Page   132 


"Have  you  ever  worked  for  the  Southern  Pacific  railroad?"  continued  the 
Colonel. 

"I  have,"  softly  murmured  Wilson. 

"Did  you  ever  locate  a  homestead  claim  in  Township  11  S.,  Range  7  E., 
Willamette  Meridian?"  the  Inspector  went  on,  in  monosyllable  tones. 

"No  sir,  I  never  did,"  came  the  innocent  response. 

"Are  you  acquainted  with  that  township,  or  do  you  know  any  person 
who  has  ever  filed  a  claim  therein  ?"  "No,  sir." 

"That's  very  strange,"  mused  the  Colonel,  thoughtfully.  "I  notice  that 
you  are  lame,  and  such  a  person  has  been  described  to  me  as  the  one  who  took 
up  a  claim  in  11-7  under  the  name  of  Joseph  Wilson." 

"Can't  help  that,"  replied  Wilson ;  "it  must  be  some  mistake." 

Greene  then  asked  him  to  write  his  full  name,  which  he  did  in  his  natural 
hand,  as  also  the  name  of  Thomas  Wilkins.  The  Government  officer  thereupon 
handed  Wilson  some  documents  bearing  the  signatures  of  "Joseph  Wilson"  and 
"Thomas  Wilkins,"  both  of  which  Wilson  recognized  immediately  as  having 
been  written  by  himself.  While  still  holding  the  original  documents  in  his  hand, 
he  was  asked  if  he  did  not  think  they  were  written  by  one  and  the  same  person. 
After  examining  the  signatures  closely,  as  if  to  convey  the  impression  that  he 
was  desirous  of  passing  judgment  upon  them  from  the  standpoint  of  a  hand- 
writing expert,  Wilson  raised  his  head,  and  without  batting  an  eye,  replied : 

"Most  undoubtedly,  they  were  written  by  the  same  person!" 

The  Inspector  next  requested  him  to  write  some  other  names,  besides  a 
few  capital  letters,  so  taking  the  prison  register  from  the  desk,  he  did  as  desired 
in  his  natural  hand. 

In  telling  me  about  it,  Wilson  declared  that  the  statement  he  had  made  to 
Col.  Greene  that  the  names  of  Joseph  Wilson  and  Thomas  Wilkins  were  written 
by  the  same  person,  was  the  only  truth  he  expressed  in  the  course  of  the  whole 
interview,  because  he  was  well  aware  of  the  fact  that  both  signatures  had  been 
written  by  himself. 

"The  interview,"  continued  Wilson,  "lasted  fully  an  hour,  and  was  con- 
cluded by  Col.  Greene  handing  me  the  typewritten  transcript  of  my  testimony 
from  the  stenographer's  notes,  which  he  asked  me  to  read,  and  if  found  to  be 
correct,  to  attach  my  signature  thereto.  This  I  did  in  my  natural  hand. 

"Returning  to  my  room,  I  felt  greatly  relieved  to  think  that  the  ordeal 
was  over,  though  sore  at  heart,  and  with  anything  but  a  guiltless  conscience. 
The  very  thought  of  having  to  sit  there  all  that  time,  in  the  presence  of  the 
Warden,  a  man  for  whom  I  entertain  the  highest  regard,  and  whom  I  believe  has 
unbounded  confidence  in  me,  and  to  make  those  false  answers  to  Greene's  ques- 
tions, was  more  than  I  could  stand.  It  was  a  frightful  experience,  and  com- 
pletely shattered  my  nerves  and  unfitted  me  for  business ;  so  I  took  another 
swig  at  the  bottle,  which  filled  me  with  a  sort  of  'Dutch  courage,'  and  called 
down  stairs  to  the  Warden,  complaining  of  not  feeling  well,  and  requested  per- 
mission to  be  relieved  from  duty  for  the  balance  of  the  afternoon,  to  which 
Warden  James  assented. 

"Some  days  later  Col.  Greene  called  upon  me  again,  this  time  to  inform 
me  that  he  had  had  an  interview  with  Frank  H.  Walgamot,  of  Portland,  one 
of  the  entrymen  in  Township  11-7,  who  claimed  to  be  acquainted  with  me,  and 
it  was  desired  that  I  should  accompany  Col.  Greene  to  Portland  in  the  effort 
to  establish  any  identity  that  might  exist.  I  realized  right  off  that  Walgamot 
would  recognize  in  me  the  person  who  located  one  of  the  claims,  but  I  had  no 
other  alternative  than  to  pretend  to  be  exceedingly  glad  of  an  opportunity  for 
straightening  the  matter  out,  and  consented  to  go  with  him  to  Portland. 

"While  waiting  for  the  train  at  the  Salem  depot,  I  managed  to  communi- 
cate with  'Lookout  Dan'  over  the  'phone  in  Portland,  apprising  him  of  my 
predicament.  Tarpley  advised  me  not  to  worry,  as  he  would  see  Walgamot 
before  we  could  get  there  and  coach  him  how  to  act. 

Page   133 


"Upon  our  arrival,  we  proceeded  to  Walgamot's  dental  parlors,  and  after 
waiting"  in  the  reception  room  a  short  time,  the  Doctor  came  in.  and  was  imme- 
diately asked  by  Col.  Greene  if  he  had  ever  seen  me  before.  Walgamot  scanned 
me  closely  and  then  unhesitatingly  replied  in  the  negative. 

Then,'  said  Col.  Greene,  'this  is  not  the  Joseph  Wilson  who  took  up  a 
homestead  claim  with  you  in  11-7?'     "'Decidedly  not!'  was -Walgamot's  answer. 

"The  dentist  then  pretended  to  evince  curiosity,  as  if 'greatly  surprised  at 
the  resemblance,  and  remarked  that  it  was  a  very  strange  coincidence;  that  the 
Wilson  he  knew  was  about  my  size  and  complexion,  was  maimed,  like  myself, 
and  in  the  same  limb,  too,  and  that  we  walked  alike  and  resembled  each  other  in 
every  respect  with  the  exception  of  our  facial  expressions. 

"There  \vas  no  doubt  about  that,  because  I  looked  more  like  a  ghost  than 
a  human  being  while  all  this  torture  was  in  progress.  At  all  events,  it  seemed 
to  settle  the  question  in  the  mind  of  Col.  Greene,  so  he  thanked  me  very  pro- 
fusely for  my  trouble  in  coming  with  him,  and  expressed  the  hope  that  I  had 
not  been  greatly  inconvenienced.  At  that  I  assumed  fresh  courage,  and  assured 
him  with  a  patronizing  air  that  I  was  only  too  glad  of  an  opportunity  for  aiding 
him  in  clearing  up  the  apparent  'mystery.'  whereupon  we  parted  company." 

After  relating  his  story  to  me,  Wilson  volunteered  the  information  that 
I  had  nothing  to  fear  so  far  as  he  was  concerned.  He  seemed  to  feel  great 
confidence  in  himself  because  of  his  ability  to  throw  Col.  Greene  off  the  scent, 
and  his  estimate  of  the  latter  as  a  detective  was  not  of  a  flattering  character. 
Wilson  often  referred  to  the  Inspector  as  a  "mummy,"  and  expressed  the  opinion 
that  if  the  entire  Secret  Service  Department  of  the  Government  were  all  like 
him,  there  would  be  nothing  to  fear. 

Meeting  "Lookout  Dan"  again,  I  complimented  him  upon  the  highly  satis- 
factory manner  in  which  he  had  handled  the  matter.  Tarpley  did  not  consider 
that  much  credit  should  attach  to  himself,  declaring  that  Walgamot  was  only 
too  glad  of  a  chance  to  protect  Wilson,  and  incidentally  deceive  Col.  Greene. 
He  claimed  that  Wilson's  promptness  in  'phoning  to  him  from  Salem  was  what 
saved  the  day,  although  Walgamot  had  exercised  masterful  diplomacy  by  his 
answers  to  the  Inspector's  inquiries. 

The  subject  of  William  J.  Burns  then  came  up  for  discussion  between 
Tarpley  and  myself,  "Lookout  Dan"  urging  that  I  seek  an  interview  with  the 
famous  Government  sleuth ;  in  short,  "beard  the  lion  in  his  den — the  Douglas 
in  his  hall."  While  I  was  not  particularly  infatuated  with  this  idea,  still  it 
appealed  to  me  as  a  wise  suggestion,  and  I  decided  to  adopt  it. 

Finding  Burns,  though,  was  like  looking  for  a  needle  in  a  haystack,  and 
I  realized  before  many  days  that  he  was  about  the  hardest  man  to  trail  I  had 
ever  encountered.  True,  upon  several  occasions  I  caught  glimpses  of  his  coat- 
tails  disappearing  around  corners,  but  that  was  the  nearest  approach  I  ever 
came  to  meeting  him  face  to  face. 

"Lookout  Dan"  thought  it  would  do  no  harm,  even  if  it  could  do  no  good, 
to  cultivate  Burns  with  a  view  of  feeling  his  pulse,  but  I  was  not  in  the  same 
class  with  him  as  a  sprinter,  and  whatever  acquaintance  we  made  was  after  my 
conviction. 

As  the  date  for  the  trial  approached,  McKinley,  Tarpley  and  myself  held 
a  council  of  war  with  the  object  of  canvassing  the  situation.  W'e  came  to  the 
conclusion  that  everything  possible  had  been  done  in  the  way  of  preparation  for 
our  defense,  as  we  had  surveyors  on  the  ground  as  witnesses  who  had  previously 
made  an  examination  of  the  township,  and  who  were  in  a  position  to  testify  that 
the  character  of  the  land  was  such  as  to  preclude  anyone  from  making  a  state- 
ment that  the  improvements  we  had  vouched  for  did  not  exist,  as  the  township 
was  so  densely  covered  with  underbrush  and  timber  that  it  would  be  an  utter 
impossibility  to  notice  a  cabin  within  a  hundred  feet  of  the  line. 

We  also  had  witnesses  who  had  been  in  the  employ  of  the  Government's 
engineers  and  photographers  at  the  time  they  had  investigated  the  status  of  the 

Page    134 


claims  in  11-7,  and  they  were  prepared  to  testify  that  the  Government  surveyors 
had  seldom,  if  ever,  deviated  from  the  section  lines,  consequently  a  cabin  could 
have  been  within  a  stone's  throw  of  them  without  their  seeing  it. 

We  knew,  as  a  matter  of  fact,  that  homesteaders  rarely  placed  their 
improvements  in  close  proximity  to  any  section  line,  for  the  simple  reason  that 
by  doing  so  they  would  attract  the  attention  of  anyone  seeking  a  chance  to 
inaugurate  a  contest,  especially  if,  as  was  generally  the  case,  the  improvements 
did  not  meet  the  requirements  of  the  homestead  law.  As  a  matter  of  fact, 
homesteaders  in  a  community  are  naturally  clannish,  and  stand  together  in  the 
matter  of  proof,  so  that  one  will  be  witness  for  the  other  in  proving  up,  and 
vice  versa. 

We  had  also  arranged  to  have  witnesses  on  hand  from  Detroit,  Ore.,  the 
nearest  point  of  civilization  to  township  11-7,  who  were  willing  to  testify  that 
they  had  seen  the  entrymen  going  to  and  fro  at  various  times,  and  in  addition 
to  all  this,  we  depended  a  great  deal  upon  Special  Agent  C.  E.  Loomis,  of  the 
General  Land  Office,  and  Captain  S.  B.  Ormsby,  Superintendent  of  the  Cascade 
Forest  Reserve,  both  of  whom  had  been  appointed  by  the  Government  to  investi- 
gate the  validity  of  our  claims  in  11-7,  and  who  had  been  well  paid  by  us  long 
before  to  make  favorable  reports  thereon.  We  figured  that  because  of  having 
made  these  garbled  reports,  they  would  necessarily  have  to  stand  by  us  for  their 
own  protection  as  well  as  ours,  but  in  this  we  reckoned  without  our  host  again, 
as  Heney  and  Burns  not  only  forced  confessions  out  of  them,  but  the  Federal 
Grand  Jury  of  Oregon  has  since  indicted  them  for  this  and  other  offenses,  and 
both  officials  lost  their  jobs  besides. 

With  all  our  witnesses  on  hand,  about  24  in  number,  including  Professor 
F.  J.  Toland,  the  distinguished  handwriting  expert,  we  concluded  that  our  prepa- 
ration for  the  great  legal  battle  had  been  carefully  planned,  and  because  of  our 
fortified  position,  we  anticipated  nothing  but  victory. 


A  Monarch  of  the  sugar 
pine  forest 


Page    135 


Chapter  XI 


Trial  of  the  famous  "n-f  case  ends  in  speedy  conviction  after  a  series  of 
sensational  developments — Puter  charges  that  himself  and  associates  were 
to  be  sacrificed  as  a  burnt  offering  in  atonement  for  the  sins  of  those 
"higher  up" — incidentally,  the  land  fraud  king  pays  his  respects  to  John  H . 
Hall,  and  shows  how  the  efforts  of  the  ousted  United  States  Attorney  to 
hide  Heney's  ligJit  under  a  bushel  met  with  disastrous  consequences — 
Binger  Hermann's  fickle  memory  proves  a  factor  at  the  trial,  but  fails  to 
save  the  defendants — Telegraphic  correspondence  between  Hene\  and 
Mitchell  indicates  the  powerful  pressure  brought  by  the  Government  to 
secure  the  Senator's  attendance  as  a  witness — Special  Agent  Loomis  and 
Forest  Superintendent  Ormsby  shine  as  postmasters  in  the  art  of  making 
misleading  reports. 

EVENTS  antedating  the  trial  and  conviction  of  myself  and  associates  in 
the  11-7  case,  and  incident  thereto,  will,  if  carefully  analyzed,  reveal  the 
contemptible  political  conspiracy  to  make  us  the  scapegoats  for  the  accumu- 
lated misdeeds  of  all  those  who  had  in  any  way  been  implicated  in  Oregon  land 
frauds,  and  will  show  that  the  ringleader  of  the  scheme  was  none  other  than 
John  H.  Hall,  at  that  time  the  United  States  Attorney  for  Oregon,  but  after- 
wards ousted  from  office  by  President  Roosevelt  on  account  of  his  questionable 
connections. 

I  am  not  seeking  to  vindicate  myself  by  these  assertions,  or  presenting 
them  as  any  excuse  why  I  ought  to  have  been  absolved  from  receiving  my  just 
deserts,  but  I  wish  to  lay  particular  stress  upon  the  well-accepted  fact  that  those 
"higher  up"  were  eager  to  crucify  the  11-7  gang  upon  any  kind  of  legal  cross 
in  the  hope  that  the  sacrificial  offering  would  atone  for  the  stains  of  their  own 
sins,  and  that  Hall  was  to  be  the  high  priest  at  the  ceremony. 

With  the  ink  still  undried  upon  his  commission  as  a  public  servant,,  and 
the  sacred  echoes  of  his  oath  of  office  still  ringing  in  his  ears,  he  was  to  be 
the  conscienceless  medium  through  which  his  corrupt  political  allies  hoped  to 
secure  immunity  from  punishment  by  making  us  their  burnt  offering.  They 
were  deeper  in  the  mud  than  we  were  in  the  mire,  and  nobody  knew  this  half 
so  well  as  John  H.  Hall ;  yet  he  stood  ready  to  prostitute  his  official  position  in 
the  manner  described,  and  expected,  by  making  a  horrible  example  of  us,  to  pull 
the  wool  over  the  eyes  of  the  law-abiding  element,  and  soothe  the  public  with 
the  idea  that  Justice  was  satisfied ! 

Abraham  Lincoln  once  gave  voice  to  some  expressions  that  have  since 
become  symbolic,  and  in  a  measure  are  applicable  in  this  instance.  In  the  course 
of  one  of  his  most  famous  addresses,  the  martyred  President  said : 

"You  can  fool  some  of  the  people  all  the  time;  you  can  fool  all  the  people 
some  of  the  time ;  but  you  can't  fool  all  the  people  all  the  time !" 

Francis  J.  Heney  was  one  that  they  didn't  fool.  He  suspected  the 
United  States  Attorney  for  Oregon  from  the  moment  it  dawned  upon  him  that 
the  latter  had  attempted  to  switch  the  weaker  case  of  the  two  up  for  trial,  and 
it  is  an  open  secret  that  the  Government  kept  tab  on  every  move  that  Hall  subse- 
quently made,  until  he  was  dismissed  peremptorily  from  public  service  at  Heney's 
suggestion. 

A  traitor  to  the  Government,  Hall's  natural  selfish  instincts  prompted  him 
to  betray  us,  and  desert  us  in  our  extremity  like  a  rat  leaving  a  sinking  ship. 
People  may  say  that  it  comes  with  poor  grace  for  one  in  my  position  to 

Page    136 


Mount  Jefferson,  Oregon,  looking  across  Township  11-7 

try  and  preach  an  effective  sermon,  and  hint  that  it  is  bad  policy  for  the 
kettle  to  call  the  pot  black,  and  indulge  in  similar  side-remarks;  but  just  the 
same  I  am  of  opinion  that  it  would  have  been  far  more  honorable  for  Hall  to 
have  openly  confessed  his  own  wrong-doing  and  that  of  his  influential  political 
associates  rather  than  seek  to  divert  the  bloodhounds  of  law  from  the  trail  of 
larger  game  by  raising  the  cry  of  "Wolf !" 

He  got  caught  in  the  end  himself,  and  now  "there  are  none  so  poor  as 
to  do  him  reverence,"  whereas,  had  he  come  out  in  manly  fashion  as  soon  as  he 
realized  that  he  had  been  hoist  by  his  own  petard,  almost  everybody  would  have 
had  some  respect  for  him,  and  there  would  have  been  many  who  would  have 
applauded  his  attitude  as  a  genuine  act  of  atonement. 

The  course  of  the  United  States  Attorney  in  this  respect  is  remindful  of 
a  doggerel  verse  I  once  learned  in  my  early  youth : 

"He  digged  a  pit,  he  digged  it  deep, 

He  digged  it  for  his  brother ; 

And  for  his  sin  he  did  fall  in 

The  pit  he  digged  for  'tother." 

It  is  barely  possible  that  Hall,  because  of  the  failure  upon  his  part  to 
secure  from  McKinley  and  myself  the  sum  of  $5,000  to  quash  the  indictments 
against  us,  thought  to  take  revenge  on  that  account,  and  this,  of  itself,  may  have 
influenced  his  action  toward  us.  McKinley,  however,  was  firmly  of  the  opinion 
that  our  failure  to"  come  through  with  the  cash,  when  the  demand  was  made 
upon  us  through  George  Sorenson,  on  behalf  of  Prosecutor  Hall,  was  wholly 
responsible  for  his  attitude  toward  us.  However  that  may  be,  it  is  certain  that 
Mr.  Hall  was  willing  we  should  be  sacrificed,  and  I  believed  then,  as  I  still  believe, 
that  it  was  for  no  other  purpose  than  to  get  us  out  of  the  way  with  as  much 
dispatch  as  possible,  use  his  influence  with  the  Court  to  the  end  that  we  get  the 
limit  on  McNeil's  Island,  and  thereby  eliminate  the  possibility  of  our  appearing 
to  give  testimony  against  those  of  his  friends  against  whom  he  believed  indict- 
ments might  be  returned  at  a  later  date,  and  who,  both  socially  and  politically, 
were  closer  to  his  friendship  than  were  we. 

Page    137 


As  to  the  $5,000  hereinbefore  referred  to,  and  which  amount  George 
Sorenson  hinted  to  McKinley  and  I  would  be  sufficient  to  influence  United  States 
Attorney  Hall  to  the  end  that  the  indictments  against  us  would  be  quashed,  we 
agreed  with  Sorensen  to  produce  the  amount  named  if  he  could  give  us  any 
assurance  that  Hall  would  live  up  to  the  arrangement,  whereupon  he  asked  for 
time  in  which  to  consult  with  Mr.  Hall,  and  on  the  following  day  he  returned 
with  the  assurance  that  it  would  be  agreeable  to  the  District  Attorney  and  that, 
if  I  would  meet  Mr.  Hall  in  St.  Louis,  where  he  expected  to  spend  his  vacation 
in  visiting  the  Fair,  the  money  could  be  paid  to  him  by  me  personally. at  that 
time.  This  I  consented  to  do,  but  as  McKinlev  neglected  to  fulfill  his  part  of 
the  obligation,  the  matter  was  dropped,  as  I  did  not  feel  justified  in  putting  up 
the  entire  amount  myself. 

Some  time  after  my  conviction  in  the  "11-7"  case,  the  Federal  Govern- 
ment indicted  George  Sorenson  because  of  his  connection  with  the  $5,000  bribe 
referred  to,  and  Mr.  Hall  himself,  while  on  the  witness  stand  during  the  trial  of 
Sorenson,  admitted  that  the  latter  had  offered  him  the  money,  but  was  unable  to 
suggest  an_v  excuse  for  his  failure  to  have  him  brought  to  account  forthwith 
for  his  conduct  on  that  occasion. 

At  the  time  the  indictments  were  returned  against  myself  and  associates, 
my  attorney,  F.  P.  Mays,  advised  that  it  was  for  the  best,  as  it  was  sure  to 
come,  sooner  or  later,  and  that,  with  his  friend  John  H.  Hall  in  office,  he  could 
arrange  with  him  to  have  the  trials  put  off  from  time  to  time  and  would  eventu- 
ally have  the  matter  quashed  altogether.  Mr.  Hall  at  that  time  had  full 
control  of  the  situation,  but  when  it  developed  later  that  the  Government  had 
appointed  a  special  assistant  to  prosecute  the  cases,  the  status  of  affairs  was 
materially  changed,  and  more  particuarly  after  Mr.  Heney  appeared  on  the 
scene  to  prosecute  an  investigation  of  the  situation  prior  to  the  commencement 
of  the  trial.  It  was  then,  no  doubt,  that  the  thought  developed  in  the  minds  of 
such  men  as  F.  Pierce  Mays  and  Senator  Mitchell,  that  McKinlev  and  I  were  of 
little  consequence,  and  then,  too,  in  my  opinion,  that  the  plan  was  conceived  to 
sacrifice  us  through  arrangements  made  with  Mr.  Hall  to  that  end. 

To  be  sure,  the  unexpected,  which  always  happens,  occurred  when  Heney 
appeared  unbidden  upon  the  scene.  He  was  the  unknown  quantity  which  is 
never  taken  into  consideration,  and  which  usually  upsets  all  calculations;  but 
that  was  no  reason  why  Hall  should  have  consented  to  make  flesh  of  one  and 
fowl  of  the  other,  nor  any  excuse  for  our  old  pals  to  turn  their  backs  upon  us, 
as  described  in  another  chapter,  as  soon  as  we  were  convicted. 

It  is  true  the  Old  Guard,  with  its  political  sway  in  Oregon  covering  a 
period  of  more  than  a  quarter  of  a  century,  had  endeavored  in  every  possible 
manner  to  discount  Heney  in  public  estimation  as  soon  as  it  became  apparent 
that  he  was  to  have  charge  of  the  Oregon  land  fraud  prosecutions,  and  kept  up 
a  constant  anvil  chorus  with  that  idea  in  view. 

United  States  Senators  Mitchell  and  Fulton  had  registered  a  solemn 
protest  with  the  Department  of  Justice  against  Heney's  appointment,  and  in  this 
scheme  to  nip  the  latter's  ambition  in  the  bud,  and  at  the  same  time  protect  their 
friends,  they  were  aided  and  abetted  by  Judge  M.  C.  Burch.  Assistant  Attorney- 
General  of  the  United  States,  according  to  a  statement  made  by  Heney  himself 
during  the  course  of  his  argument  in  the  Hall  conspiracy  case  later  on. 

That  Heney  keenly  appreciated  the  situation  is  evident  from  the  fact  that 
for  the  first  three  days  of  the  trial,  while  Hall  was  keeping  him  in  the  background 
all  he  could,  and  trying  to  make  it  appear  that  the  famous  prosecutor  was  merely 
his  assistant,  Heney  became  warmer  around  the  collar  all  the  time,  and  kept 
sliding  further  and  further  under  the  big  courtroom  table  until  at  last  only  the 
back  of  his  neck  was  visible,  and  it  resembled  a  brush  heap  on  fire. 

I  was  in  high  glee  over  his  discomfiture,  and  we  all  came  to  the  conclu- 
sion that  the  imported  Government  prosecutor  was  a  false  alarm,  after  all :  but 
about  the  middle  of  the  third  day.  however,  after  Hall  had  personally  selected 

Page    138 


Judge  Martin  L.  Pipes,  chief  counsel  for 
Puter  in  the  11-7  case 


the  jury  without  any  assistance  whatever  from  Heney,  and  had  even  commenced 
the  examination  of  witnesses  without  giving  his  superior  an  opportunity  to  be 
heard,  something  occurred  that  satisfied  me  we  had  no  earthly  show  of  being 
acquitted.  The  question  of  what  constituted  an  overt  act  under  a  charge  of  con- 
spiracy arose  during  the  course  of  the  examination  of  witness  Greene,  and  our 
attorneys  kept  up  a  perfect  fusilade  of  hot  shot  at  Hall  until'they  had  him  going, 
and  in  fact  he  was  all  in.  He  had  taken  his  seat  and  was  looking  imploringly 
at  Judge  Bellinger,  who  presided  at  the  case,  until  his  pleading  countenance, 
with  its  expression  of  longing  for  a  favorable  ruling,  bore  a  striking  resemblance 
to  an  Aztec  watching  for  the  coming  of  Montezuma.  At  this  juncture  my  atten- 
tion was  directed  to  the  vicinity  of  the  farther  end  of  the  lawyers'  table,  and  I 
saw  at  once  that  the  Special  Assistant  had  begun  to  unlimber  his  batteries  and 
get  in  the  game. 

Colonel  A.  R.  Greene,  Special  Inspector,  Department  of  the  Interior,  had 
been  placed  on  the  stand  to  identify  the  title  papers  as  those  intrusted  to  his 
care  by  the  General  Land  Office.  Judge  Pipes,  of  counsel  for  the  defense,  inter- 
posed an  objection  to  the  line  of  testimony,  claiming  that  the  counsel  for  the 
prosecution  was  "turning  this  case  topsy-turvy."  He  also  attacked  the  indict- 
ment, stating  that  it  was  faulty  and  a  monument  of  ill-shaped  phrases,  and  that 
it  did  not  tend  to  connect  the  defendants  with  any  conspiracy. 

Mr.  Heney  followed  out  the  terms  of  the  indictment,  and  showed  that 
the  pleadings  of  the  opposing  attorney  were  specious,  and  made  one  of  the 
strongest  presentations  heard  in  the  case  up  to  this  time.  The  speech,  of  itself, 
was  most  eloquently  delivered,  and  as  Mr.  Heney  cited  innumerable  Supreme 
Court  opinions  sustaining  every  contention,  his  remarks  carried  great  weight 
and  were  all  too  convincing  in  character  to  be  taken  lightly  by  counsel  for  the 
defense.  It  was  common  talk,  in  fact,  among  defendants'  attorneys,  that  our 
rank  and  file  must  be  reinforced  by  all  the  reserve  forces  at  our  command,  for 
now,  indeed,  if  never  before,  it  was  fully  realized  by  all  concerned,  that  Francis 
J.  Heney  was  a  veritable  cyclone. 

On  November  21,  1904,  those  charged  in  the  indictment  with  conspiracy 
to  defraud  the  Government  of  its  "public  lands  in  the  now  famous  11-7  case 
were  brought  to  trial,  with  the  exception  of  Harry  C.  Barr,  who  had  been 
adjudged  insane  by  Justice  of  the  Peace  Waldemar  Seton,  and  sent  to  the  State 
asylum  at  Salem,  from  which  institution  he  later  made  his  escape  and  has  never 
since  been  apprehended. 

The  Government  was  represented  by  Francis  J.  Heney,  of  San  Francisco, 
Special  Assistant  to  the  United  States  Attorney-General,  and  John  H.  Hall. 
United  States  Attorney  for  Oregon,  while  the  following  attorneys  appeared  for 
the  respective  defendants:  Judge  Thomas  O'Day,  of  Portland,  for  Horace  G. 
McKiniey;  C.  A.  Hardy  and  A.  C.  Woodcock,  of  Eugene,  Ore.,  for  Marie  L. 
Ware ;  L.  H.  Tarpley,  of  Portland,  for  his  brother.  Dan  W.  Tarpley :  while 
Judge  Martin  L.  Pipes,  of  Portland,  and  my  brother.  Lawrence  F.  Puter,  of 
Eureka,  Cal..  assisted  by  F.  Pierce  Mays,  of  Portland,  as  silent  counsel,  repre- 
sented me. 

Neither  Emma  L.  Watson  or  Frank  H.  Walgamot  employed  counsel,  as 
it  appeared  unnecessary  for  them  to  do  so,  on  account  of  the  case  being  in  the 
nature  of  a  joint  proceeding.  On  the  last  day  of  the  trial,  however,  Claude 
Strahan.  a  Portland  lawyer,  was  engaged  by  Walgamot  to  look  out  for  his 
interests  in  connection  with  his  plea  of  guilty,  made  just  before  the  case  went  to 
the  jury. 

Aside  from  Mays'  assurance  that  any  verdict  of  conviction  could  be  set 
aside  by  reason  of  the  operation  of  the  statute,  of  limitations,  I  took  a  peculiar 
satisfaction  in  the  further  knowledge  that  but  three  of  the  ten  entrymen  had 
used  their  real  names  in  making  their  filings,  and  it  would  thus  become  a  difficult 
matter  for  the  prosecution  to  maintain  its  case  against  us  in  the  trial,  as  the 
burden  of  proof  would  naturally  rest  upon  the  Government. 

Page   140 


Forest  ranger's  cabin  on  Minto  Mountain 
near  Township  11-7 


As  the  case  progressed,  we  learned  that  J.  A.  W.  Heidecke,  the  mountaineer 
whom  McKinley  and  I  had  employed  to  steer  Special  Agent  C.  E.  Loomis  and 
Forest  Superintendent  Salmon  B.  Ormsby  over  the  misleading  trails  throughout 
the  township,  had  turned  against  us  and  joined  forces  with  the  Government, 
but  we  felt  confident  in  our  ability  to  produce  witnesses  who  could  be  relied  upon 
to  counteract  any  testimony  that  he  might  offer.  We  concluded  that  Heidecke 
would  be  called  to  show  that  there  were  no  cabins  or  other  improvements  on 
the  twelve  claims  under  consideration,  and  that  he  had  either  inspected  other 
townships  with  Loomis  and  Ormsby,  and  pointed  out  the  cabins  therein  as  being 
the  ones  in  11-7,  or  else  that  they  had  mutually  agreed  to  dispense  with  the 
trouble  and  expense  incident  to  making  the  investigation,  and  had  concocted  a 
scheme  among  themselves  to  make  the  affidavits  appear  as  if  they  had  made 
personal  examination  of  each  claim.  We  prepared  ourselves  for  such  an  emer- 
gency, and  relied  upon  our  belief  that  one  man's  word  would  offset  that  of 
another,  and  from  a  numerical  standpoint,  were  satisfied  that  we  held  the  advan- 
tage, as  Loomis  and  Ormsby  would  have  to  stand  by  us. 

Our  real  fear  was  for  the  identity  of  Emma  L.  Watson,  who  had  filed 
under  the  name  of  Emma  Porter,  and  the  question  arose  in  our  minds  whether 
or  not  the  prosecution  would  be  able  to  establish  the  fact  of  their  being  the 
same  person.  I  felt  that  inasmuch  as  she  had  furnished  cash  bail,  and  had  thus 
avoided  the  necessity  of  affixing  her  signature  to  any  bond,  it  would  be  impos- 
sible for  the  other  side  to  produce  any  documentary  evidence  bearing  upon  a 
similarity  in  the  two  signatures.  How  far  we  were  correct  in  our  assumptions 
may  be  judged  when  it  is  considered  that  the  Government  not  only  introduced 
Mrs.  Watson's  deed  to  Frederick  A.  Kribs,  conveying  title  to  the  twelve  claims, 
but  numerous  other  samples  of  her  signature,  all  of  which  had  been  enlarged  by 

Page    141 


photographic  process,  so  that  the  jury  could  readily  perceive  the  similarity  in 
the  two  signatures  without  the  corroborative  aid  of  expert  testimony. 

A  fortnight  before  the  trial,  McKinley  and  I  had  sent  surveyors  and  others 
conversant  with  timber  lands  to  township  11-7,  accompanied  by  one  familiar 
with  the  situation,  and  who  was  delegated  by  us  to  see  that  these  prospective 
witnesses  would  view  the  alleged  cabins  and  improvements  through  "smoked 
glass."  In  other  words,  they  had  purposely  been  shown  catjins  in  other  town- 
ships that  had  no  relation  to  those  in  11-7,  and  being  ignorant  of  the  deception 
that  had  been  practised  upon  them,  were  prepared  to  testify  in  support  of  the 
contention  of  the  defense  that  the  homestead  laws  in  regard  to  improvements 
and  cultivation  had  been  fully  complied  with.  It  was  while  we  were  in  the  act 
of  rehearsing  their  testimony  for  use  at  the  trial  that  we  became  cognizant  of 
the  fact  that  the  Government  had  already  sent  A.  W.  Barber,  an  experienced 
surveyor,  and  a  clerk  of  the  Division  of  Surveys  in  the  General  Land  Office, 
accompanied  by  a  staff  of  assistants,  who  had  not  only  run  out  the  lines  of 
each  claim  but  had  secured  numerous  photographs  that  indicated  beyond  any 
question  of  doubt  that  the  purported  improvements  and  cultivation  was  a  myth. 
Under  the  circumstances  we  did  not  feel  justified  in  placing  our  doctored  testi- 
mony in  evidence  for  fear  of  disastrous  consequences. 

Much  notoriety  had  already  been  given  the  case  through  the  local  pr 
and  as  eminent  counsel  had  been  retained  on  both  sides,  the  trial  proved  quite 
a  drawing-card,  all  available  space  in  the  courtroom  being  occupied  by  an  expect- 
ant  throng,   while   the   hallways   and   corridors   of   the    Federal   building   were 
jammed  to  their  fullest  capacity  by  an  eager  mass  of  humanity. 

Less  difficulty  was  experienced  in  securing  the  jury  than  was  anticipated, 
and  after  the  opening  addresses  had  been  made  by  John  H.  Hall  for  the  prosecu- 
tion and  Judge  Thomas  O'Day  for  the  defense,  the  Government  called  Charles 
B.  Moores.  then  Register  of  the  Oregon  City  Land  Office,  as  its  first  witness,  for 
the  purpose  of  identifying  the  homestead  applications  and  other  papers  embraced 
in  the  twelve  entries.  An  objection  to  the  introduction  of  this  evidence  was  inter- 
posed by  Judge  Pipes  on  the  ground  that  the  documents  having  been  dated  three 
years  prior  to  the  indictment,  were  barred  by  the  statute  of  limitations.  The 
discussion  following  the  question  of  admissibility  of  this  evidence  consumed  the 
balance  of  the  day.  and  resulted  in  the  objection  being  overruled. 

After  the  adjournment  of  Court,  I  learned  that  Congressman  Binger 
Hermann,  ex-Commissioner  of  the  General  Land  Office,  was  in  the  city  in  response 
to  a  subpoena  by  the  Government  to  appear  as  a  witness,  and  I  proceeded  to  call 
upon  him  that  evening  at  the  Imperial  Hotel  for  the  purpose  of  ascertaining  the 
nature  of  the  testimony  he  expected  to  give.  Mr.  Hermann  assured  me  that  he 
was  in  the  dark  upon  the  subject,  and  in  reply  to  my  suggestion  that  perhaps 
he  had  been  called  to  identify  Mrs.  Watson  as  the  woman  who  had  appeared 
before  him  at  the  General  Land  Office  in  Washington,  D.  C..  at  the  time  the 
patents  to  the  twelve  homestead  claims  were  expedited,  coincided  with  my  deduc- 
tions-. Whereupon  I  drew  the  inference  that  inasmuch  as  three  years  had  elapsed 
since  the  occasion  of  Mrs.  Watson's  visit  to  his  office,  it  was  not  likely  that  he 
would  be  able  to  identify  her,  and  was  pleased  to  observe  that  Mr.  Hermann 
was  willing  to  admit  that  I  was  probably  correct  in  this  assumption  also. 

This  was  good  news,  for  while  I  expected  that  the  ex-Commissioner  would 
be  found  on  our  side  all  right,  I  hardly  hoped  that  he  would  be  able  to  forget 
Mrs.  Watson  with  such  remarkable  ease,  especially  as  she  had  made  repeated 
visits  to  his  office,  and  must  have  impressed  him  in  various  ways  upon  each 
occasion. 

I  then  called  Mr.  Hermann's  attention  to  a  talk  I  had  just  had  with  Mays. 
in  the  course  of  which  he  had  informed  me  concerning  a  telegram  he  had  that 
day  received  from  Senator  John  H.  Mitchell,  stating,  in  effect,  that  the  latter 
expected  to  reach  Washington  the  next  day,  and  would  remain  at  the  National 
capital  until  the  close  of  the  approaching  session  of  Congress. 

Page    142 


Captain  Salmon  B.  Ormsby,  the  forest  superintendent,  who  made 

misleading  reports  to  the  Commissioner  of  the  General 

Land  Office,  relative  to  the  fraudulent 

homestead  claims  in  11-7 

Commenting  upon  this  intelligence,  Congressman  Hermann  expressed  the 
opinion  that  Senator  Mitchell  would  carry  out  his  plans  as  indicated,  remarking 
that  by  virtue  of  being  a  United  States  Senator  he  was  permitted  under  the 
statutes  to  exercise  his  own  discretion  in  the  matter  of  returning  to  Oregon  in 
obedience  to  any  subpoena  as  a  witness,  and  that,  in  such  a  trifling  case  as  this 
would  prove  to  be,  it  was  not  at  all  likely  he  would  consider  it  worthy  his  time 
or  attention. 

Page    143 


This  expression  on  the  part  of  Mr.  Hermann  had  the  effect  of  reassuring 
my  confidence  in  our  position,  and  I  was  much  pleased  over  the  result  of  my 
interview. 

At  10  o'clock  the  next  morning,  on  the  third  day  of  the  trial,  Judge 
William  Galloway,  of  McMinnville.  ex-Receiver  of  the  Oregon  City  Land  Office, 
was  called  to  the  stand  for  the  purpose  of  identifying  the  filial  proof  papers  of 
Emma  Porter,  and  also  to  connect  Emma  L.  Watson,  who  was  in  the  courtroom, 
as  the  person  who  had  filed  under  the  assumed  name  of  Emma  Porter. 

He  was  positive  in  his  identification  of  the  title  papers,  but  could  not 
'swear  that  the  lady  who  was  pointed  out  to  him  as  Emma  L.  Watson  was  the 
one  representing  herself  as  Emma  Porter  at  the  time  of  making  final  proof.  He 
admitted,  ho\vever,  that  there  was  a  striking  resemblance  between  the  two. 

H.  F.  Coleman.  a  clerk  in  the  General  Land  Office  at  Washington,  D.  C. 
identified  all  the  original  homestead  papers  connected  with  the  twelve  claims  in 
township  11-7  as  having  passed  through  his  hands  in  their  routine  course. 

Colonel  A.  R.  Greene,  Special  Inspector,  Department  of  the  Interior,  was 
then  placed  on  the  stand  to  identify  the  papers  as  those  intrusted  to  his  care  by 
the  General  Land  Office.  While  he  was  on  the  stand.  Judge  Pipes,  of  counsel 
for  the  defense,  objected  to  the  line  of  testimony  on  the  ground  that  it  did  not 
tend  to  connect  the  defendants  with  any  overt  act  as  charged  in  the  indictment 
for  conspiracy,  and  it  was  at  this  juncture  that  the  Special  Assistant  to  the 
Attorney-General  made  his  debut  in  the  case  with  such  dramatic  results. 

No  sooner  had  Colonel  Greene  left  the  stand  than  the  name  of  Binger 
Hermann  wras  called  as  the  next  witness  for  the  Government.  Instantly  there 
was  a  craning  of  necks  as  the  well-known  Land  Commissioner  ambled  along  in 
his  suave  way  and  with  uplifted  hand,  promised  to  tell  the  truth,  the  whole  truth 
and  nothing  but  the  truth,  so  help  him  God. 

Mr.  Heney  assumed  charge  of  his  direct  examination,  and  after  some  pre- 
liminary questions  handed  Congressman  Hermann  for  identification  a  letter  that 
had  been  addressed  to  him  while  he  was  Commissioner  of  the  General  Land 
Office  by  Senator  Mitchell,  and  was  asked  if  he  had  any  recollection  of  ever 
having  seen  it  before.  After  examining  the  letter  judiciously  through  his  glasses. 
the  witness  declared  that  he  could  not  recall  ever  having  seen  the  letter  before, 
although  he  recognized  the  signature  as  that  of  Senator  Mitchell. 

Mr.  Heney  thereupon  handed  him  a  second  letter  which  met  the  fate  of 
the  first.  He  then  asked  the  distinguished  witness  if  there  was  anyone  with 
Senator  Mitchell  and  Mr.  Puter  at  the  time  they  called  upon  him  in  Washington 
for  the  purpose  of  expediting  the  patents  to  the  twelve  entries  in  township  11-7. 
to  which  Hermann  replied  that  they  were  accompanied  by  a  woman. 

The  witness  was  then  asked  if  he  could  identify  the  woman  as  one  of 
those  sitting  in  the  courtroom. 

Hermann  returned  an  evasive  answer  by  stating  that  inasmuch  as  he  had 
only  met  the  lady  in  his  office  but  once,  and  she  had  made  no  impression  on  his 
mind,  he  was  unable  to  say  whether  the  defendant  was  this  woman  or  not. 

He  was  then  handed  a  third  letter,  also  written  by  Senator  Mitchell,  upon 
the  same  subject,  but  its  introduction  in  evidence  was  objected  to  by  the  defense 
on  the  ground  that  the  writer  was  not  present  in  court.  As  Mr.  Heney  had 
failed  in  his  effort  to  have  the  ex-Land  Commissioner  identify  them,  they  were 
temporarily  withdrawn. 

Judge  Pipes  then  inquired  why  they  had  been  submitted,  to  which  the 
Government  attorney  responded  that  he  expected  to  identify  them  by  Mr.  Her- 
mann, but  failing  in  this,  had  decided  to  withdraw  them  until  Senator  Mitchell 
could  arrive,  for  whom.  Mr.  Heney  stated,  he  would  wire  to  Washington  at  once. 

Mr.  Heney  hoped  to  have  Mrs.  Watson  identified  by  Mr.  Hermann.  a> 
he  also  anticipated  that  the  ex-Commissioner  would  identify  the  letters  in  ques- 
tion, for  the  purpose  of  connecting  her  with  the  signing  of  the  affidavit  at  Wash- 
ington at  the  time  of  having  the  patents  expedited.  It  will  be  understood,  of 

Page    144 


course,  that  the  affidavit  bore  her  signature  written  as  "Emma  L.  Watson,"  in 
full,  as  did  the  homestead  application,  filing  and  final  proof  blanks  bear  the  signa- 
ture "Emma  Porter,"  written  also  by  Mrs.  Watson  when  she  secured  a  claim  in 
township  11-7  under  that  name. 

It  became  necessary,  therefore,  to  establish  Mrs.  Watson's  identity  first; 
to  follow  this  with  the  identity  of  certain  correspondence  which  had  passed  be- 
tween Senator  Mitchell  and  Commissioner  Hermann,  to  prove  her  connection  with 
the  claims  referred  to ;  this  to  be  followed  by  the  introduction  and  identification 
of  the  affidavit  named,  and  finally,  to  introduce  the  original  papers  used  by  Mrs. 
Watson  in  acquiring  her  claim  under  the  name  of  Emma  Porter,  after  which 
there  would  be  little  or  no  difficulty  experienced  in  proving  the  handwriting  on 
the  affidavit  and  title  papers  identical,  thus  tending  to  establish  the  Government's 
case  against  the  accused. 

Under  the  circumstances  it  will  be  seen  that  the  point  at  issue  was  of  vital 
importance  to  the  prosecution,  and  as  Hermann  had  successfully  withstood  Mr. 
Heney's  inquisition — without  taking  his  conscience  into  consideration  relative 
to  telling  the  "truth,  the  whole  truth,,  and  nothing  but  the  truth" — it  became  a 
matter  of  utmost  importance  to  secure  Senator  Mitchell's  appearance  as  a  witness. 
The  telegraphic  correspondence  between  Francis  J.  Heney  and  Senator  Mitchell 
on  the  subject  of  the  latter's  attendance  as  a  witness  for  the  Government  in  the 
11-7  case  follows : 

Portland,  November  24,  1904. 
Hon.  John  H.  Mitchell, 

United  States  Senate, 

Washington,  D.  C. 

Was  surprised  on  my  arrival  here  to  take  up  the  prosecution  of  the  Puter-Watson 
land  fraud  case,  to  find  you  were  not  subpoenaed,  and  immediately  made  inquiries  for  the 
rmrpose  of  intercepting  you,  and  was  informed  you  would  reach  St.  Paul  last  Sunday  morn- 
ing, and  wired  U.  S.  Marshal  there  last  Saturday  to  deliver  message  to  you  on  Sunday's 
train.  He  wired  that  he  failed  to  find  you.  It  is  vitally  important  for  the  prosecution  to 
prove  by  you  that  Puter  and  Watson  delivered  to  you  their  certain  affidavits,  which  you 
sent  to  Commissioner  Hermann,  with  your  letter  dated  March  3,  1902,  urging  him  to  make 
special  the  twelve  cases  of  homestead  entries  referred  to  in  the  abstract  attached  to  said 
affidavit  of  Watson,  and  urging  consideration  thereof  without  delay.  Without  your  testi- 
mony, the  Government 's  case  may  fail,  and  these  guilty  rascals  go  unwhipped  of  justice, 
and  I  therefore  urge  you  to  treat  this  telegram  as  a  subpoena,  and  to  return  immediately  to 
Portland,  as  a  witness  for  the  United  States.  The  case  will  not  be  concluded  before  the  end 
of  next  week.  Please  wire  when  you  will  start,  and  oblige, 

(Signed)  FEANCIS  J.  HENEY, 

Special  Assistant  to  Attorney-General. 

Washington,  D  C.,  November  25,  1904. 
Hon.  Francis  J.  Heney, 

Assistant  to  the  Attorney-General, 

c|o  Hon.  John  H.  Hall,  U.  S.  District  Attorney, 
Portland,  Oregon. 

Your  telegram  of  yesterday  reached  me  at  3  o  'clock  today.  It  is  the  first  intimation 
I  have  had  from  any  source  that  my  testimony  was  desired  in  any  of  the  prosecutions  for 
land  frauds  in  Oregon.  It  was  known  by  United  States  District  Attorney  Hall  that  I  in- 
tended to  leave  Portland  for  Washington  City  on  the  evening  of  November  15,  and  no 
suggestion  was  made  to  me  that  my  testimony  was  desired.  I  did  pass  through  St.  Paul 
Sunday  morning  last,  arriving  there  on  the  Northern  Pacific  train  at  7:30  o'clock  and  leav- 
ing on  the  Burlington  at  8:20  o'clock  for  Chicago.  Surely  every  opportunity  was  open  to 
have  had  me  subpoenaed.  Had  this  been  done,  I  should  have  deferred  leaving  until  the 
trial  was  over,  but  it  is  simply  impossible  for  me  to  leave  here  now.  I  will  here  state,  and 
possibly  the  attorneys  for  the  defense  may  be  willing  to  concede,  that  I  would  so  testify 
if  on  the  stand,  that  the  affidavits  of  Emma  L.  Watson  and  S.  A.  D.  Puter,  which  were 
forwarded  by  me  to  Commissioner  Hermann  in  my  letter  of  March  3,  1902,  were  handed  me 
here  in  Washington  by  S.  A.  D.  Puter,  on  or  about  that  date.  At  that  time  Mr.  Puter 
brought  a  letter  of  introduction  to  me  from  a  prominent  and  reliable  attorney  of  Oregon, 
vouching  for  his  reliability.  This  is  my  whole  information  in  regard  to  the  matter.  Very 
strong  reasons  being  given  why  early  action  in  the  Land  Department  should  be  had,  explains 
my  letter  transmitting  the  affidavits  to  the  Commissioner. 

(Signed)  JOHN  H.  MITCHELL. 

Page   145 


Hon.  John  H.  Mitchell,  Portland,  November  26,  1904. 

United  States  Senate, 

Washington.  D.  C. 

Defendants  *  attorneys  refuse  to  admit  truth  of  statements  contained  in  your  telegram 
to  me  of  yesterday.  Your  testimony  is  still  vitally  important  to  Government.  United  States 
Attorney  Hall  did  not  consider  your  testimony  important  when  you  were  here,  but  he  now 
agrees  with  me  as  to  its  materiality  and  great  importance.  What  \\vas  the  name  of  the 
attorney  who  gave  Puter  the  letter  of  introduction  to  vou?  Will  you  come,  and  when? 
(Signed)  FRANCIS  J.  HENEY. 

Special  Assistant  to  the  Attorney-General. 

Washingtor,  D.  C.,  November  26.  19»'4. 
Hon.  Francis  J.  Heney. 

Special  Assistant  to  the  Attorney-General. 

Portland,  Oregon. 

Telegram  received.  As  I  wired  you  yesterday,  for  reasons  stated  in  telegram,  it  is 
simplv  absolutely  impossible  for  me  to  go  to  Oregon  at  this  time. 

(Signed)  JOHN  H.  MITCHELL. 

Portland.  November  29.  19»i4. 
Hon.  John  H.  Mitchell. 

United  States  Senate, 

Washington,  D.  C. 

You  neglected  to  give  me  the  name  of  attorney  here  who  gave  Puter  the  letter  of 
introduction  to  you.  Please  wire  it  immediately,  so  that  I  can  use  him  as  a  witness  for 
the  Government."  and  oblige,  (Signed)  FRANCIS  J.  HENEY. 

Special  Assistant  to  the  Attorney-General. 

It  is  noteworthy  that  Senator  Mitchell  omitted  to  reply  to  this  last  telegram 
from  Mr.  Heney. 

\Yhile  the  defense  had  no  knowledge  of  the  telegraphic  correspondence 
as  above  indicated,  we  were  convinced,  because  of  the  message  received  by  Mays 
from  the  Senator,  and  the  opinion  expressed  by  Congressman  Hermann,  that 
the  Senator  did  not  propose  to  be  forced  into  the  case,  if  possible  to  avoid  it, 
and  these  telegrams  fully  corroborate  this  idea.  The  "prominent  attorney" 
referred  to,  as  the  reader  will  readily  understand,  was  my  old  pal.  Franklin 
Pierce  Ma\>. 

Ex-Commissioner  Hermann  was  not  subjected  to  any  cross-examination 
by  the  attorneys  for  the  defense,  and  when  he  left  the  witness  stand,  was  excused 
from  further  attendance. 

He  was  followed  by  John  \\  ithycombe,  chief  draughtsman  in  the  Surveyor- 
General's  office  at  Portland,  who  testified  to  having  made  a  large  map  of  town- 
ship 11-7.  which  was  introduced  in  evidence.  It  was  about  four  feet  square,  and 
exhibited  the  claims  of  the  different  homesteaders,  besides  the  general  topography 
of  the  country  as  indicated  by  the  field  notes  from  the  official  Government  survey, 
as  well  as  the  Indian  or  "Minto  Trail."  which  runs  through  the  center  of  the 
township.  In  addition,  it  showed  the  various  courses  pursued  by  the  Government 
agents  while  traversing  the  township  in  search  of  settlers'  cabins  and  other 
evidence  of  improvements.  This  big  plat  was  placed  upon  an  easel  in  plain  view 
of  the  jury,  and  was  frequently  used  throughout  the  trial  for  their  benefit. 

After  A.  ^  .  Barber,  the  next  witness,  had  certified  to  the  correctness  of 
the  map.  counsel  for  the  opposing  sides  offered  to  consent  to  an  adjournment  over 
Thanksgiving  Day,  but  the  jurors  insisted  that  the  case  proceed.  A  compromise 
was  finally  reached  by  the  Court  suggesting  that  a  morning  session  should  be 
held,  and  this  was  agreed  to. 

The  next  morning  Barber  resumed  the  witness  stand,  and  testified  that 
he  was  a  surveyer  and  civil  engineer  by  occupation,  and  had  been  in  the  Govern- 
ment service  for  a  number  of  years.  He  then  proceeded  to  give  full  details  of 
a  trip  he  had  taken  into  township  11-7  for  the  purpose  of  making  investigations, 
accompanied  by  Robert  G.  Pierce,  Benjamin  Butler  Pierce,  Sebastian  C.  Dilley. 
and  Truman  W.  Pritts,  all  of  whom  had  borne  an  equal  share  in  "packing"  the 
camp  effects.  This  trip.  Mr.  Barber  stated,  was  begun  about  June  14.  1904.  and 
completed  within  two  weeks. 

Page   146 


Government  surveying  party  at  Daly's  cabin,  June  24,  1904,  prepared  for  an  eighteen-mile  tramp 

to  Detroit,  after  running  out  the  lines  of  fraudulent  homestead  claims  in  11-7.    Reading 

from  left  to  right:     Robert  G.  Pierce,  A .  W.  Barber  (chief  of  party) ,  Sebastian 

C.   Dilley,    Truman    W.  Pritts  and  Benjamin   Butler  Pierce 

The  testimony  of  Mr.  Barber  relative  to  conditions  in  township  11-7 
created  a  profound  sensation  in  the  courtroom,  and  the  defendants  were  made  the 
cynosure  of  all  eyes.  Heney  took  up  in  rotation  the  final  proof  papers  relating 
to  the  twelve  different  homestead  entries  which  had  been  introduced  in  evidence 
on  the  preceding  days,  and  through  the  witness  laid  the  foundation  for  a  complete 
exposure  of  the  whole  fraudulent  scheme  to  acquire  title  to  the  lands  by  process 
of  perjured  testimony. 

Harry  C.  Barr,  at  the  time  of  making  proof  on  the  SW  Vi  of  Section  24, 
Tp.  11  S.,  R.  7  E.,  Willamette  Meridian,  had  sworn  that  he  had  established  a 
residence  on  the  claim  in  September,  1892 ;  that  his  house,  which  was  constructed 
of  logs,  was  16x24,  that  he  had  also  built  a  good  barn,  and  had  cultivated  a  few 
acres  of  ground,  all  of  which  he  valued  at  $400.  He  stated  that  he  was  absent 
from  the  claim  about  four  or  five  months  each  year  for  the  purpose  of  earning 
enough  money  to  improve  his  place.  As  a  reply  to  this  testimony,  Barber  declared 
that  there  was  no  road  to  Barr's  Cabin,  nor  was  there  any  cabin  or  barn  on  the 
claim,  or  any  indications  of  cultivation.  He  avowed,  in  fact,  that  the  entire  tract 
was  covered  by  a  dense  forest,  without  signs  of  human  habitation  of  any  sort. 

Heney  then  read  the  testimony  of  Emma  Porter,  made  at  the  time  of 
securing  final  certificate  for  the  NE  ^4  of  Section  32.  She  claimed  to  have 

Page    147 


established  her  residence  on  the  land  in  October,  1892 ;  that  she  had  built  a  house 
of  logs,  20x20  feet,  with  four  rooms  and  a  woodshed,  and  possessed  chickens,  a 
cow  and  good  barn,  worth  in  the  aggregate  $500.  She  testified  further  that  she 
had  resided  thereon  most  of  the  time  since  the  house  was  erected,  and  had  never 
been  absent  more  than  three  months  at  any  one  time,,  when  she  would  go  to 
Portland  and  work  to  make  a  living  in  order  to  earn  sufficient  money  to  make 
additional  improvements  to  the  homestead. 

\\ith  reference  to  this  claim,  Mr.  Barber  testified  that  there  was  no  cabin, 
woodshed,  barn,  or  anything,  in  fact,  to  indicate  that  it  had  ever  been  inhabited, 
and  went  on  to  state  that  the  land  was  near  a  creek,  upon  which  four  trees  had 
been  cut,  of  which  he  desired  to  make  particular  mention,  as  it  was  the  only 
point  on  all  the  claims  involved  where  there  were  any  other  marks  than  those 
made  by  the  surveyors. 

Heney  next  read  the  testimony  of  Frank  H.  \Yalgamot.  who  claimed  that 
he  had  built  a  home  in  either  September  or  October.  1892 ;  that  the  house  was 
a  good  one.  made  of  logs,  and  16x25.  that  he  had  constructed  a  good  road  leading 
thereto,  and  had  also  erected  comfortable  outbuildings,  all  of  which  he  was 
pleased  to  value  at  $500.  Through  the  hot  and  dusty  summer  months.  \Yalgamot, 
who  was  a  young  dentist  of  Portland,  with  hands  of  such  snowy  whiteness  as 
to  indicate  that  he  had  never  been  guilty  of  any  hard  work,  had  declared  that  he 
earned  a  living  in  the  harvest  fields  of  the  Willamette  Valley,  and  during  the 
winter  had  trapped  wild  animals  while  he  made  his  mountain  fastness  his  home. 
This  recital  brought  forth  considerable  merriment  from  the  crowd,  and  resulted 
in  the  stylish  young  dentist  being  given  the  sobriquet  of  "Leather  Stocking." 

Barber's  testimony  relative  to  the  Walgamot  land  was  similar  in  general 
characteristics  to  that  in  connection  with  the  other  claims :  There  was  no  evidence, 
he  said,  to  indicate  that  anybody  had  ever  resided  on  the  place,  or  even  slept  there 
over  night. 

\Yhile  the  testimony  of  the  different  claimants  was  being  read  by  Mr. 
Heney,  and  as  rapidly  contradicted  by  the  Government  witness,  the  scene  enacted 
in  the  crowded  courtroom  was  one  that  shall  never  become  effaced  from  my 
memory.  The  defendants  were  visibly  affected,  as  this  was  the  first  time  they 
had  been  subjected  to  such  a  merciless  grilling,  and  while  they  were  writhing  in 
the  agony  of  their  tortured  feelings,  the  spectators  as  if  with  one  voice  proceeded 
to  make  merry  at  their  humiliation,  until  the  episode  reminded  me  very  forcibly 
of  the  antics  of  a  band  of  cattle,  whose  beastly  instincts  prompts  them  to  gore 
some  stricken  member  of  the  herd. 

Court  adjourned  at  noon,  and  as  we  had  arranged  for  a  Thanksgiving 
dinner  at  2  o'clock  in  the  afternoon,  we  felt  it  incumbent  to  carry  out  the  plan, 
although,  as  a  matter  of  fact,  it  was  anything  but  an  enjoyable  repast,  haunted 
as  \ve  were  by  memories  of  the  trial.  \Ye  all  endeavored  to  put  on  a  bold  front 
and  appear  jovial,  but  the  presence  of  the  "skeleton  at  the  feast"  was  too  much 
to  overcome,  and  nobody  raised  any  serious  objections  when  it  was  suggested 
that  we  take  our  departure  from  the  banquet  hall. 

Witness  Barber  was  subjected  to  a  rigid  cross-examination  by  attorneys 
for  the  defense  in  the  effort  to  trip  him  up  on  some  of  his  statements,  as  well 
as  to  show  the  utter  impossibility  of  his  having  covered  so  much  territory  by  his 
investigations  in  such  a  short  space  of  time ;  but  on  the  whole  the  bombardment 
of  questions  had  little  or  no  effect  upon  the  main  facts,  and  his  testimony  was 
corroborated  in  every  essential  particular  by  those  who  accompanied  him  on  the 
expedition. 

In  addition.  John  D.  Daly,  the  United  States  Surveyor-General  for  Oregon, 
told  how  he  had  lived  for  a  number  of  years,  during  the  summer  months,  on  his 
claim  in  Section  15.  township  11-7.  which  he  referred  to  as  his  mountain  resort: 
that* the  Minto  trail — the  only  one  in  the  township,  and  over  which  would  neces- 
sarily come  all  the  travel — ran  through  his  claim  and  directly  in  front  of  his 
cabin ;  that  the  claim  was  located  on  a  small  prairie,  where  he  had  "squatted" 

Page    148 


some  twelve  years  previously,  in  the  hope  that  the  Corvallis  &  Eastern  railroad 
would  eventually  run  through  there  and  his  location  would  make  a  good  site  for  a 
station.  In  all  this  time  he  had  neither  seen  nor  heard  of  the  alleged  home- 
steaders. 

William  M.  Brown,  postmaster  of  Lebanon,  Ore.,  and  editor  of  the  Cri- 
terion, published  at  that  place,  testified  as  to  the  publication  of  the  final  proof 
notices  of  the  twelve  homesteads  in  his  paper. 

Page   149 


Edwin  Hobson.  of  Eugene,  was  the  last  witness  of  the  day.  It  will  be 
recalled  that  he  was  the  person  who  had  purchased  the  "Simpson''  claim  from 
McKinley,  mention  of  which  transaction  is  made  in  another  chapter.  Some 
months  prior,  and  shortly  before  the  24-1  case  was  expected  to  come  to  trial.  \ve 
learned  that  Hobson  was  to  be  subpoenaed  as  a  witness  for  .(he  Government,  so 
McKinley,  with  whom  Hobson  was  on  very  friendly  terms,  "prevailed  upon  him 
to  leave  the  State.  During  the  summer,  however,  the  Secret  Service  Department 
succeeded  in  locating  him,  and  he  was  promptly  arrested  and  landed  in  the  Mult- 
nomah  count}*  jail  at  Portland,  where  he  was  obliged  to  remain  several  days 
before  being  released  on  bail,  to  appear  as  a  witnes«  whenever  the  Government 
wanted  him. 

Jail  life  was  not  exactly  "Hobson's  choice."  by  any  means,  but  it  served 
to  make  a  "Good  Injun"  of  him,  hence,  notwithstanding  the  fact  that  he  was  on 
the  most  friendly  terms  with  McKinley.  he  was  ready  to  tell  the  whole  stor 
his  life  from  beginning  to  end,  and  more  too,  when  placed  on  the  witness  stand. 
In  his  eagerness  to  show  his  good  intentions,  and  at  the  same  time  curry  as 
much  favor  as  possible  with  the  prosecution,  he  even  went  to  the  extent  of  answer- 
ing questions  before  they  were  half  asked. 

Hobson  admitted  an  acquaintance  with  Marie  L.  \\  are,  Horace  G.  Mc- 
Kinley and  Clyde  D.  Lloyd,  but  denied  knowing  me.  although  he  stated  that  he 
had  received  a  letter  from  me  concerning  the  business  relations  existing  between 
McKinley,  Lloyd  and  himself. 

Against  the  objections  of  the  defense,  deeds  were  introduced  in  evidence 
exhibiting  the  transfer  of  all  the  fraudulent  homestead  claims  to  Emma  L.  Watson. 
This  was  done  for  the  purpose  of  connecting  her  with  the  conspiracy.  Dan  \Y. 
Tarpley,  one  of  the  defendants,  was  the  notary  before  whom  all  the  deeds  were 
acknowledged. 

Following  this,  a  deed  was  admitted  in  evidence  showing  the  transfer  of 
the  entire  twelve  claims  from  Emma  L.  \Yatson  to  Frederick  A.  Kribs,  aggregat- 
ing 1,920  acres. 

C.  A.  Wintermeyer,  an  attorney  of  Eugene ;  S.  R.  Williams,  a  real  estate 
dealer  of  the  same  place;  M.  B.  Rankin,  a  timber  locator  of  Portland;  Fred 
Poindexter  and  Mrs.  Mary  McDonald,  keepers  of  hotels  at  Prineville,  testified 
as  to  the  friendly  relations  existing  between  the  defendants,  the  idea  being  that 
on  account  of  these  close  ties  they  would  not  hesitate  to  enter  into  a  conspiracy 
of  the  character  before  the  Court. 

Clyde  D.  Lloyd  was  the  next  witness.  It  will  be  remembered  that  he  was 
the  young  notary  public  who  took  the  acknowledgment  of  Robert  Simpson,  a 
fictitious  person,  in  transferring  a  claim  in  24-1  to  Hobson. 

His  testimony  merely  corroborated  other  witnesses  as  to  the  business  and 
social  relations  existing  between  McKinley.  Tarpley.  Miss  Ware.  Mrs.  Watson 
and  myself,  and  he  was  followed  in  quick  succession  by  Mrs.  Ella  Grave?,  who 
conducted  an  apartment  house  at  135  Tenth  street,  Portland,  her  husband.  F.  W. 
Graves,  a  local  music  dealer,  and  Mrs.  Frances  Rodgers,  of  San  Francisco, 
formerly  of  Portland,  who  gave  similar  testimony. 

At  this  point  the  Government  switched  the  nature  of  its  evidence,  and 
called  George  R.  Ogden,  a  clerk  in  Division  "P,"  of  the  General  Land  Office,  who 
identified  all  the  papers  connected  with  the  twelve  fraudulent  entries  as  having 
passed  through  his  hands,  and  stated  that  under  instructions  from  Commissioner 
Hermann,  he  had  directed  Special  Agent  C.  E.  Loomis  to  investigate  the  status 
of  the  various  claims. 

Mr.  Ogden  declared  further,  that  being  dissatisfied  with  the  Loomis  report, 
he  had  authorized  Captain  S.  B.  Ormsby.  at  that  time  Superintendent  of  the 
Cascade  Range  Forest  Reserve,  to  make  additional  investigation  pertaining  to 
conditions  in  township  1". 

Mr.  Heney  then  offered  in  evidence  the  reports  of  Special  Agent  Loomis 
covering  the  twelve  homestead  entries,  and  despite  the  strenuous  opposition  of  the 

Page   150 


Clyde  D.  Lloyd,  whose  petty  controversy  with 

McKinley  over  money  matters  brought 

on  the  Oregon  land  fraud 

investigations 


lawyers  for  the  defense,  they  were  admitted,  their  reading  before  the  jury  form- 
ing one  of  the  most  interesting  features  of  the  case,  as  revealing  the  depths  of 
fabrication  to  which  trusted  employes  of  the  Government  have  been  lured  by  the 
glitter  of  land  fraud  gold. 

In  fact,  during  the  course  of  argument  on  the  admissibility  of  these  reports, 
Mr.  Heney  took  occasion  to  score  both  Loomis  and  Ormsby  in  unmeasured  terms, 
and  wound  up  his  tirade  of  denunciation  by  declaring  that  the  Government 
expected  to  prove  that  these  two  men  were  as  guilty  as  those  on  trial,  and  should 
have  been  indicted  with  the  other  conspirators. 

It  is  noteworthy  that  Ormsby  was  a  member  of  the  Federal  Grand  Jury 
that  returned  the  indictments  against  myself  and  associates  in  the  24-1  case,  and 
that  both  himself  and  Loomis  have  since  been  indicted  for  their  part  in  the  Oregon 
land  frauds. 

As  the  reports  of  the  two  Government  agents  were  similar  in  their  general 
characteristics,  the  contents  of  one  furnishing  a  fair  index  of  the  whole  twelve 
fraudulent  claims,  I  have  selected  their  findings  upon  the  "Nellie  Backus"  claim 
as  the  standard,  and  present  herewith  the  two  reports  in  full,  together  with  the 
corroborative  affidavits  of  Heidecke,  Jacobs,  and  the  two  Thomas  brothers,  in 
addition  to  claimant  herself: 

Report  of  Special  Agent  C.  E.  Loomis,  of  the  General  Land  Office,  upon  the  claim 
of  Nellie  Backus,  zt'ho  made  Homestead  Entry  No.  13185,  Oregon  City 
Land  District.  For  making  this  report  Loomis  ivas  paid  $1,000  by  Puter. 

Name  of  Claimant — Nellie  Backus. 

Description  of  land  covered  by  filing  or  entrv — E  ^2  of  SW  *4,  and  E  l/2 
of  NW  }4,  Sec.  19,  Tp.  11  S.,  R.  7~E.,  Willamette"  Meridian. 
Date  of  examination — June  6,  1901. 

Character  of  land — Timbered,  agricultural  land.     Good  soil.     Not  heavily 
_  timbered.     Would  be  fine  agricultural  land  if  cleared. 

Page    151 


Character,  extent  and  value  of  improvements  in  detail — A  log  house,  about 
14x16,  a  small  henhouse,  a  log  barn  about  12x14.  About  two  acres  near  the 
house  cleared  and  seeded  with  tame  grass.  Evidences  that  a  small  garden  has 
been  cultivated  there.  Another  tract  further  from  the  house,  of  natural  meadow, 
has  had  the  brush  cut  and  burned  and  grass  seed  sowed  but  -is  now  grown  up  to 
brush  again. 

Considering  that  this  entryman  is  a  young  woman,  and  hence  had  to  hire 
all  of  the  work  done,  and  the  difficulty  and  expense  of  getting  material  packed 
up  there  into  the  mountains,  a  fair  estimate  of  the  value  of  the  improvements, 
work  upon  trails,  footbridges,  etc.,  would  be  three  or  four  hundred  dollars,  at 
least. 

Residence  of  claimant — From  the  best  evidence  wrhich  I  can  obtain,  aside 
from  the  affidavits  herewith,  by  talking  with  those  who  may  be  supposed  to  know 
about  it,  my  conclusions  are  as  follows:  She  established  residence  there  July  18. 
1892,  upon  unsurveyed  land,  being  led  to  do  so  by  the  fact  that  the  railroad  was 
surveyed  through  the  township,  and  was  being  constructed  within  a  few  miles 
of  the  claim,  which  brought  a  great  many  people  there,  and  she  could  obtain 
employment  near  the  claim.  She  is  a  poor  girl  and  works  out  for  her  living. 
After  the  railroad  was  abandoned  she  was  obliged  to  go  out  to  the  valley  to  work, 
and  she  for  some  years  put  all  of  the  money  that  she  could  earn  into  improve- 
ments in  the  way  of  clearing,  etc.,  upon  the  claim.  She  expected  to  be  able  to 
make  proof  soon  after  the  survey  in  1896,  but  the  survey  was  not  accepted  until 
1900,  and  she  has  neglected  her  improvements,  but  retained  possession  of  her 
claim,  in  the  face  of  great  obstacles,  by  going  there  as  frequently  as  those  for 
whom  she  worked  would  permit,  and  has  remained  each  time  as  long  as  she 
could.  The  abandoning  of  the  railroad  has  so  changed  conditions  in  the  township 
that  she  could  not  make  a  home  there  for  herself,  now,  and  she  has  since  final 
proof  sold  it.  \Yas  legally  qualified. 

.\\uncs  of  'witnesses — J.  A.  W.  Heidecke.  Detroit,  Ore.  >  Rei{able  men 
L.  Jacobs,  "       ' 

/  Do   not  stand   so 
V  well  among  their 

William  Thomas.  /  neighbors,  but  no 

Charles  Thomas,  \  reason   that   they 

/  should  not  be  giv- 
V  en  credence. 

The  affiant  Heidecke  is  a  typical  mountaineer ;  went  to  the  vicinity  in 
1890,  took  up  a  homestead  and  lived  upon  it  a  few  miles  from  this  claim ;  has 
ranged  those  mountains  ever  since ;  knows  every  trail  and  every  settler,  and  has 
visited  their  claims  very  frequently.  His  evidence  is  reliable. 

The  affiant  Jacobs  keeps  the  store  and  hotel  where  they  had  to  go  for 
supplies,  and  to  stop  in  passing  back  and  forth,  and  while  he  cannot  give  dates 
and  particulars,  his  evidence  is  strongly  corroborative  and  is  reliable. 

The  witnesses  Thomas  do  not  stand  well  in  the  community,  and  if  standing 
alone,  their  evidence  would  not  be  satisfactory ;  but  if  called  as  witnesses  at  a 
hearing  their  testimony  would  be  as  indicated,  and  there  would  be  no  reason  for 
excluding  it.  I  avoided  taking  affidavits  from  the  other  entrymen,  and  obtained 
evidence  as  far  as  possible  from  disinterested  parties. 

Heidecke's  homestead  is  in  Sec.  36,  Tp.  10  S.,  R.  7  E. 

Was  the  fraud  willful?—  Xo. 

Have  any  legal  proceedings  been  instituted? — Xo. 

Action  recommended  b\  Agent — That  the  entry  be  sustained. 

Dated  at  Oregon  City!  June  25.   1901. 

C.  E.  Loom  is 
Special  Agent.  General  Land  Office. 

Page    152 


Affidavit  of  Nellie  Backus — (in  Loomis'  handwriting) — Nellie  Backus, 
being  duly  sworn,  deposes  and  says :  My  P.  O.  address  is  Salem,  Or. ;  further, 
I  am  the  identical  'person  who  made  H.  E.  No.  13185,  F.  C.  No.  6268,  for  the 
E  y2  NW  y4  and  E  #  SW  y4,  Sec.  19,  Tp.  11  S.,  R.  7  E.,  W.  M.  I  located  my 
claim  and  put  up  notices,  it  being-  unsurveyed  land,  on  July  18,  1892;  I  hired 
two  men  to  build  me  a  log  house  14x16,  and  went  there  to  live  very  shortly 
after  the  date  above  given;  in  1893  I  raised  all  of  the  vegetables  that  I  needed, 
and  have  done  the  same  every  summer  since  then ;  in  1894  I  built  a  small  barn 
about  12x14,  and  a  hen  house ;  I  have  two  acres  cleared  and  in  cultivation,  and 
I  have  some  more  of  the  land  with  the  brush  cut  off  and  seeded  with  grass ; 
with  the  exception  of  about  three  months  in  the  winter,  when  the  snow  is  very 
deep,  I  have  lived  upon  my  place  almost  continuously;  I  have  never  been  away 
from  my  place  more  than  40  days  at  a  time  since  locating  there  except  in  winter, 
as  above  stated;  during  the  winter  months  I  went  to  Salem  and  Portland  and 
worked  for  a  living ;  I  am  unmarried,  and  could  not  get  a  living  upon  the  claim ; 
my  absences  have  been  only  temporary,  and  for  the  purpose  of  earning  a  living. 
I  value  my  improvements  at  about  $500.  They  cost  me  more  than  that. 

(Signed)  Nellie  Backus. 

Subscribed  and  sworn  to  March  19,  1901. 
C.  E.  Loomis, 

Special  Agent,  G.  L.  O. 

Affidavit  of  J.  A.  W.  Heidecke — J.  A.  W.  Heidecke,  being  duly  sworn, 
deposes  and  says :  My  P.  O.  address  is  Detroit,  Ore. ;  I  have  lived  there  since 
1890;  I  am  well  acquainted  with  Nellie  Backus,  and  with  her  H.  E.  No.  13185, 
the  E.  Y*  N.  W.  #,  and  E.  Y*  S.  W.  %,  Sec.  19,  Tp.  11  S.,  R.  7  E.,  W.  M. ;  I  have 
a  ranch  about  six  or  eight  miles  from  there,  where  I  live  a  portion  of  each  year; 
I  know  that  she  located  upon  her  claim  in  the  summer  of  1892,  and  has  made 
her  home  there  from  that  date  to  this ;  she  is  single  and  poor,  and  has  to  work 
for  her  living,  and  has  left  her  claim  temporarily  for  this  purpose  several  times, 
but  has  never  abandoned  it,  but  went  there  as  her  home  when  not  thus  employed, 
and  at  frequent  intervals ;  she  built  a  log  house  about  16x18,  a  barn  about 
12  feet  square,  and  a  henhouse ;  she  had  four  or  five  acres  cleared,  and  cultivated 
and  sowed  with  grass  seed ;  this  is  now  neglected  and  grown  up  with  brush  to 
some  extent;  the  abandoning  of  the  railroad,  and  the  long  delay  in  the  surveying 
of  the  land  has  been  a  great  hardship  to  her,  as  well  as  to  all  the  other  settlers, 
and  has  greatly  hindered  and  discouraged  her,  and  has  caused  the  neglect  of 
the  improvements,  as  she,  with  many  others,  have  been  very  doubtful  about  ever 
being  able  to  obtain  title ;  since  the  survey  she  has  done  what  she  could  to  get 
her  improvements  into  better  condition ;  she  has  done  the  best  that  she  could  in 
her  circumstances.  (Signed)  J.  A.  W.  Heidecke. 

Subscribed  and  sworn  to  June  18,  1901. 

C.  E.  Loomis, 
Special  Agent,  G.  L.  O. 

Charles  Thomas  and  William  Thomas,  being  duly  sworn,  depose  and  say, 
each  as  follows :  My  P.  O.  address  is  Detroit,  Ore. ;  I  am  well  acquainted  with 
Nellie  Backus,  and  have  heard  the  accompanying  affidavit  of  J.  A.  W.  Heidecke 
regarding  her  homestead  entry;  I  know  the  circumstances,  and  know  the  state- 
ments therein  to  be  true. 

his 

(Signed)  Charles  X  Thomas, 

mark 

his 

William  X  Thomas. 
Subscribed  and  sworn  to  June  18,  1901.  mark 

C.  E.  Loomis, 
Special  Agent,  G.  L.  O. 

Page   153 


Snowdrifts  on  Thomas  tt'ilkins'  claim  in  11-7.     It  is  at  this  point  the  entryman 

claimed  to  have  grown  strawberries.      The  above 
photograph  was  taken  in  June 

Affidavit  of  L.  Jacobs — L.  Jacobs,  being  first  duly  sworn,  deposes  and  says : 
My  P.  O.  address  is  Detroit,  Ore.:  I  have  lived  there  since  1890.  and  am  engaged 
in  keeping  a  general  store  and  hotel :  I  am  well  acquainted  with  Xellie  Backus, 
who  made  Homestead  Entry  Xo.  13185  for  the  E  %  XW  J4  and  E*/2  SYY  l/4  , 
Sec.  19,  Tp.  11  S.,  R.  7  E.,  \Y.  M..  and  I  know  that  she  located  there  in  the 
summer  of  1892,  and  has  made  her  home  there  from  that  time  to  this :  she  is 
single  and  has  to  work  for  her  living,  and  has  worked  out  at  times  when  she 
could  get  employment,  for  this  purpose,  but  has  gone  to  her  claim  as  her  home 
when  not  thus  employed ;  she  had  to  come  to  Detroit  for  supplies,  and  in  passing 
back  and  forth  to  and  from  her  claim,  and  I  have  frequently  seen  her  upon  such 
occasions;  she  has  never  abandoned  her  claim,  and  has  done  the  best  she  could; 
I  know  nothing  about  the  improvements. 

(Signed)  L.   Jacobs. 

Subscribed  and  sworn  to  June  18,  1901. 

C.  E.  Loomis. 
Special  Agent,  G.  L.  O. 

Report  of  Forest  Superintendent  S.  B.  Ormsby  on  the  Xellie  Backus  Ho'/riestead 
Claim,  for  Which  the  Government  Official  Was  Bribed  by  Pxter  to  the 
Extent  of  $500. 
Date  of  examination. — January  14.  1902. 

Page    154 


Character  of  land. — About  two-thirds  of  this  claim  has  timber  of  medium 
density.  The  remainder  is  lighter.  The  western  portion  is  rough,  and  the  creek 
runs  through  a  small  canyon.  One-half  the  claim  would  be  fit  for  agriculture  if 
cleared. 

Character,  extent  and  ralite  of  improvements. — Log  house,  about  14  x  16; 
another  small  building  used  as  a  henhouse,  and  stable  about  10  x  12.  Buildings 
were  substantial  when  built,  and  evidently  made  to  be  permanent.  A  tract  of 
about  2  acres  had  been  cleared,  which  included  a- small  garden,  and  the  remainder 
sowed  to  grass.  Another  tract  of  about  one  acre  had  been  cleared,  but  now  over- 
grown with  brush.  The  premises  have  not  been  occupied  for  some  time,  and  have 
been  somewhat  neglected.  It  seems  she  made  the  improvements  herself,  and  as 
everything  had  to  be  packed  on  horseback  from  Detroit  to  the  claim,  a  distance  of 
not  less  than  22  miles,  these  improvements  must  have  cost  not  less  than  $200  or 
$250. 

Residence  of  claimant. — The  fact  that  the  claimant,  after  being  compelled 
to.  forego  a  continuous  residence  on  the  land,  did  use  a  part  of  her  earnings  in 
making  improvements  thereon,  seems  to  show  good  faith  on  her  part  in  maintain- 
ing a  residence.  The  evidence  is  that  she  entered  on  the  land  in  July,  1892,  and 
resided  there  continuously  until  the  Fall  of  1894,  when  she  was  compelled  to 
leave  to  obtain  work  elsewhere.  She  seems,  however,  to  have  spent  her  earnings 
when  away  in  improving  the  land.  She  is  not  the  head  of  a  family.  Was  known 
in  the  neighborhood  of  the  claim,  and  was  qualified  to  make  the  entry. 

The  claimant  seems  to  have  acted  in  good  faith  throughout,  and  I  think 
this  entry  might  be  sustained. 

(Signed)   S.  B.  ORMSBY, 
Forest  Superintendent,  General  Land  Office. 

The  affidavits  of  J.  A.  W.  Heidecke  and  L.  Jacobs,  accompanying  the  fore- 
going report,  are  similar  in  character  to  those  they  made  for  Loomis. 

The  amusing  feature  of  the  two  reports — wherein  both  Government  agents 
describe  the  claimant  as  a  hard-working  girl — exists  in  the  fact  that  she  is,  in 
reality,  one  of  the  most  stylish  and  refined  young  women  of  the  West,  with  hands 
and  features  to  indicate  that  she  never  performed  any  drudgery  in  her  life. 

She  assumed  the  name  of  "Nellie  Backus"  for  the  sake  of  convenience, 
and  she  appeared  personally  before  Special  Agent  Loomis  when  she  made  the 
affidavit  that  told  of  her  struggles  in  the  backwoods  to  win  a  home  from  the 
forest.  Any  honest  official  could  have  seen  at  first  glance  that  she  was  falsifying, 
but  then  Loomis  is  excusable  on*  the  plea  that  "suthin'  got  in  his  eyes." 

The  so-called  "Nellie  Backus"  was  never  any  nearer  township  11-7  than 
Albany,  Or.,  fully  100  miles  distant,  and  neither  of  the  Government  agents  were 
ever  on  her  claim,  or  those  of  the  other  homesteaders.  No  effort  was  ever  made 
to  erect  improvements  of  any  kind  on  the  land,  which,  like  all  the  fraudulent 
claims,  was  entirely  unfit  for  cultivation,  and  heavily  covered  with  a  dense  growth 
of  timber,  besides  being  rough  and  mountainous. 

Her  real  name  was  Nellie  Gilbert  at  the  time  she  filed  her  homestead  entry 
as  Nellie  Backus,  and  she  was  then  a  resident  of  Portland.  She  afterward 
married  Elbert  K.  Brown,  the  son  of -a  wealthy  Eugene  hopgrower.  In  conjunc- 
tion with  Forest  Superintendent  Salmon  B.  Ormsby,  Special  Agent  Clark  E. 
Loomis,  William  H.  Davis  (Mayor  of  Albany,  Ore.),  Henry  A.  Young,  George 
Sorenson,  Binger  Harmann,  Horace  G.  McKinley,  Emma  L.  Watson,  Dan  W. 
Tarpley,  Frank  H.  Walgamot  and  myself,  Brown  and  his  wife  were  indicted  by 
the  Federal  Grand  Jury  of  Oregon  on  December  27,  1904,  for  the  part  they  took 
in  the  11-7  frauds,  but  the  case  has  never  been  tried. 

After  George  R.  Ogden  had  been  recalled  for  the  purpose  of  identifying 
the  Ormsby  report,  Mr.  Heney  then  brought  out  the  letter  written  by  Senator 
Mitchell  to  Commissioner  Hermann,  in  which  were  enclosed  the  affidavits  of 
Emma  L.  Watson  and  myself,  pertaining  to  the  12  fraudulent  homestead  claims. 

Page    155 


George  R.  Ogden,  Clerk  of  the 
General  Land  Office 

Ogden  admitted  that  the  letter  and  affidavits  had  much  to  do  with  the 
issuance  of  patents. 

A.  S.  Dresser,  Register  of  the  Oregon  City  Land  Office,  was  the  next 
witness  and  produced  the  original  patents  issued  upon  the  homestead  entries  of 
Mattie  S.  Lowell,  William  McLaughlin,  A.  O.  Aifstin,  J.  R.  Foster,  James  Wake- 
field,  Christie  E.  Langham  and  James  A.  Taylor.  These  documents  were  offered 
in  evidence,  Mr.  Heney  stating  that,  although  they  had  not  been  deeded  to  Emma 
L.  Watson,  he  expected  to  prove  that  the  patents  had  been  fraudulently  obtained 
by  the  defendants  to  tracts  of  land  in  township  11-7. 

As  I  had  never  heard  of  any  such  persons  as  those  whose  names  had  just 
been  mentioned,  nor  had  I  any  knowledge  of  their  filings  in  township  11-7,  the 
introduction  of  these  documents  in  evidence  came  as  a  great  surprise  to  me. 
McKinley,  also,  disclaimed  any  knowledge  of  the  entries,  whereupon  our  attorney? 
interposed  an  objection,  but  as  usual  it  was  overruled,  Heney's  contention  being 
that  he  proposed  to  prove  that  the  seven  patents  were  secured  through  fictitious 
entries;  that  the  claims,  after  final  proofs  had  been  made,  were  transferred  to 
George  A.  Howe,  a  fictitious  person,  thence  to  Horace  G.  McKinley  and  by  the 
latter  relinquished  to  the  Government  in  making  selection  of  other  lands,  which 
McKinley  had  sold  to  an  innocent  purchaser.  Certified  copies  of  the  deeds  con- 
veying the  lands. embraced  in  the  seven  fictitious  entries  to  Howe,  were  next  in- 
troduced in  evidence,  and  as  another  link  in  the  chain,  the  prosecution  introduced 
a  deed  from  Howe  to  McKinley,  Dan  W.  Tarpley,  as  a  notary  public,  having  taken 
the  acknowledgement  in  transferring  the  lands  to  McKinley,  without  the  affiant 
being  present  in  person,  as  set  forth  in  the  jurat. 

Page    156 


J.  H.  Booth,  Receiver  of  the  Roseburg  Land  Office,  testified  to  an  acquaint- 
ance with  McKinley  covering-  a  period  of  five  years.  He  also  identified  the  forest 
reserve  selection  that  had  been  filed  by  Howe  based  on  lands  in  township  11-7, 
and  this  application  was  likewise  identified  by  Special  Inspector  A.  R.  Greene,  of 
the  Department  of  the  Interior,  besides  H.  J.  Coleman  and  George  R.  Ogden, 
clerks  in  the  General  Land  Office. 

It  was  evident  the  prosecution  concluded  that  the  jury  was  tired  of  the 
monotony  entailed  by  the  introduction  of  so  much  similar  testimony,  as  Miss  Ella 
Wyman,  of  Chicago,  was  placed  on  the  stand.  She  testified  to  being  the  proprie- 
tress of  a  private  boarding  house  on  Dearborn  Avenue,  Chicago,  and  that  in 
March,  1904,  Mrs.  Watson  had  engaged  a  room  at  her  establishment  under  the 
name  of  Mrs.  Porter,  remaining  several  days,  or  until  arrested  by  Captain  Porter, 
of  the  Government  Secret  Service. 

Andrew  Jackson,  a  colored  porter  in  the  employ  of  Miss  Wyman,  corrobo- 
rated her  testimony. 

Next  in  turn  was  Captain  Thomas  I.  Porter,  of  Chicago,  who  Mad  been 
connected  with  the  Secret  Service  of  the  Treasury  Department  for  18  years.  He 
testified  to  having  "shadowed"  me  through  the  streets  of  Chicago  and  to  my 
room  at  the  Grace  Hotel,  where  I  was  registered  under  my  real  name.  Later, 
while  I  was  delivering  a  telescope  basket  to  Mrs.  Watson,  he  had  followed  me 
to  her  boarding  house,  and  in  that  manner  had  discovered  her  whereabouts.  Her 
arrest  followed  the  next  morning. 

George  B.  McLeod,  treasurer  of  the  Astoria  Company,  of  Portland, 
recounted  certain  business  dealings  with  McKinley  and  myself,  stating  that  he 
had  arranged  to  purchase  the  12  claims  in  township  11-7  from  me  at  $5  per  acre, 
but  delivery  of  title  was  not  made  to  him,  as  I  had  informed  him  that  transfer 
thereof  had  been  made  to  another  person. 

Frederick  A.  Kribs  was  the  next  witness,  and  testified  to  an  acquaintance 
with  me  of  several  years'  standing,  and  of  various  land  transactions  with  me; 
that  he  also  knew  Mrs.  Emma  L.  Watson,  from  whom  he  had  purchased  the  12 
claims  in  township  11-7,  upon  which  the  defendants  were  being  tried. 

Frank  E.  Alley,  a  searcher  of  records  of  Roseburg,  Ore.,  identified  a  plat  of 
township  11-7  as  one  that  he  had  made  for  McKinley. 

After  M.  B.  Rankin  had  been  recalled  to  testify  relative  to  land  deals  had 
with  McKinley,  Tarpley  and  myself,  Court  adjourned  until  the  following  morning 
at  10  o'clock. 

W.  A.  Richards,  Commissioner  of  the  General  Land  Office  at  Washington, 
D.  C,  who  was  Assistant  Commissioner  during  Hermann's  administration,  was 
called  to  the  witness  stand  on  Tuesday  morning,  and  identified  the  letters  received 
by  Binger  Hermann  from  Senator  Mitchell,  together  with  the  affidavits  of  Mrs. 
Watson  and  myself  in  support  of  the  12  claims.  These  were  the  same  that 
Hermann  had  failed  to  identify  while  on  the  stand. 

Commissioner  Richards  not  only  remembered  the  circumstances  attending 
the  presentation  of  these  papers  to  Hermann,  but  he  was  positive  in  his  identifica- 
tion of  Mrs.  Watson  and  myself  as  the  persons  who  had  been  introduced  to  him 
by  Senator  Mitchell,  and  with  whom  he  had  talked  with  reference  to  expediting 
the  patents  to  the  12  claims.  Had  Binger  Hermann  identified  these  letters  and 
affidavits  while  on  the  stand,  it  would  not  have  been  necessary  for  Mr.  Richards 
to  cross  the  continent  for  that  purpose,  and  it  might  be  stated  that  had  we 
known  in  advance  of  Mr.  Heney's  determination  to  establish  the  identity  of  the 
papers  named,  we  should  have  much  preferred  that  Hermann  would  have  been 
less  forgetful,  and  in  all  probability,  at  the  time  I  visited  him  at  the  Imperial 
Hotel,  I  should  have  coached  him  along  different  lines  than  the  ones  pursued  by 
my  suggestions  to  him  at  the  time.  Mr.  Richards'  testimony  was  in  all  truth  the 
most  damaging  offered  against  the  defendants  up  to  this  time,  and  he  was  per- 
mitted to  go  without  cross-examination. 

Page    157 


ra 

4  J      rfil  5! 

I 

\  iP     «l 


Government  Surveyor  Barber  identifying  a  cornerstone  in  11-7,  at  which  point 

three  of  the  fraudulent  claims  cornered 

Edward  Meeker,  County  Recorder  of  Linn  County,  Oregon,  testified  to  the 
fact  of  McKinley  having  paid  the  recording  fee  on  the  George  A.  Howe  relin- 
quishment  to  the  Government  at  the  time  the  forest  reserve  selection  was  made  in 
his  name. 

B.  M.  Payne,  County  Cerk  of  Linn  County,  identified  an  abstract  of  title 
made  for  the  George  A.  Howe  lands,  and  testified  that  McKinley  had  ordered  and 
paid  for  the  same. 

Charles  Pfeiffer.  proprietor  of  the  Albany  Hotel,  identified  the  signature 
<>f  McKinley  on  his  register  of  November  18  and  19,  1901,  at  which  time  McKin- 
ley visited  Albany  for  the  purpose  of  securing  the  abstract  from  B.  M.  Payne. 

Receiver  Booth,  of  the  Roseburg  Land  Office,  was  recalled,  his  evidence 
going  to  show  that  certain  papers  being  missing  from  the  George  A.  Howe  forest 
reserve  selection,  he  had  communicated  with  the  latter  at  the  address  given,  and 
had  failed  to  receive  any  response.  This  testimony  was  introduced  for  the 
purpose  of  showing  that  Howe  was  a  fictitious  person. 

Clyde  D.  Lloyd  was  also  recalled  and  identified  the  writing  of  myself  by 
letters  which  he  had  received  from  me  in  the  course  of  business  transactions.  As 
it  was  known  to  our  attorneys  that  Lloyd  had  secured  the  appointment  as  a  notary 
public  in  order  to  take  the  acknowledgments  of  bogus  applicants  for  Government 

Page    158 


lands,  including  the  claims  of  fictitious  homesteaders,  it  was  not  deemed  expedient 
to  cross-examine  him  too  closely  as  he  was  known  to  have  turned  traitor  in  order 
to  save  his  own  scalp,  hence  his  testimony  could  not  be  of  any  particular  bene- 
fit to  us. 

W.  A.  Holt,  assistant  cashier  of  the  Wells-Fargo  bank,  of  Portland,  was 
the  last  witness  of  the  day.  He  identified  my  handwriting,  with  which  he  was 
familiar,  in  several  of  the  homestead  final  proofs,  and  also  the  signature  of  Emma 
Porter  as  that  of  Mrs.  Watson. 

On  Wednesday  morning,  November  30,  J.  T.  Bridges,  Register  of  the 
Roseburg  Land  Office,  was  called  for  the  purpose  of  proving  the  mythical  charac- 
ter of  George  A.  Howe. 

The  testimony  of  Robert  B.  Montague,  the  next  witness,  was  of  a  most 
sensational  nature.  For  several  years  he  had  served  as  deputy  clerk  of  Linn 
county.  Up  to  this  time  neither  McKinley  or  Tarpley  had  been  brought  with 
any  degree  of  prominence  into  the  case,  but  had  become  obscured  in  a  way  by  the 
flood  of  startling  developments  that  had  come  to  the  surface  in  other  directions. 
With  the  advent  of  Montague,  however,  it  was  their  day  to  shine. 

After  acknowledging  an  acquaintance  with  McKinley,  Tarpley,  Marie 
Ware  and  myself  covering  a  period  of  five  years,  he  testified  that  during  the  Fall 
of  1900  he  had  entered  into  a  contract  with  McKinley  and  Tarpley  whereby  he 
was  to  receive  $100  for  each  person  who  would  file  and  make  final  proof  on  a 
homestead  entry  before  him,  it  being  understood  that  McKinley  and  Tarpley  were 
to  produce  the  entrymen  ;  that  they  had  caused  6  persons  to  so  appear,  who  had 
filed  and  made  final  proof  on  claims  in  township  11-7;  that  he  had  received  from 
McKinley  and  Tarpley  all  moneys  to  cover  office  fees  for  the  filings  and  final 
proofs,  and  that  he  knew  the  entrymen  appearing  before  him  had  not  used  their 
right  names.  This  testimony  related  to  the  12  entries  in  11-7  concerning  which 
I  was  familiar. 

Montague  then  testified  further  that,  a  few  weeks  after  the  filing  of  the  6 
entries  referred  to,  he  had  entered  into  a  private  arrangement  with  McKinley, 
whereby  it  was  planned  to  use  fictitious  names  in  securing  additional  claims  in 
the  now-famous  township  11-7;  that  he  furnished  the  necessary  blanks  to  Mc- 
Kinley, who  in  turn  caused  them  to  be  filled  out  in  the  most  promiscuous  fashion, 
and  in  this  way  the  names  of  Mattie  S.  Lowell,  William  McLaughlin,  A.  O. 
Austin,  J.  R.  Foster.  James  W'akefield,  Christie  E.  Langham  and  James  A.  Taylor 
had  been  obtained  to  the  blank  homestead  applications,  the  body  thereof  being 
afterwards  filled  in  by  the  two  conspirators,  after  which  the  documents  were  filed 
before  Montague,  as  he  had  such  authority  by  virtue  of  his  office  as  Deputy  Clerk. 

After  the  bogus  proofs  had  been  made,  all  the  papers  were  forwarded  to  the 
Roseburg  Land  Office,  where  final  certificates  were  issued  and  returned  to  Mon- 
tague. The  latter  testified  also  that  himself  and  McKinley  had  caused  deeds  to  be 
executed,  conveying  the  claims  to  George  A.  Howe,  a  fictitious  person,  who  in  turn 
had  relinquished  the  claims  to  the  Government  in  lieu  of  other  lands,  which  were 
sold  by  McKinley  and  Montague  to  innocent  purchasers  for  their  mutual  benefit. 

I  was  more  than  surprised  to  learn  of  the  facts  developed  by  the  testimony 
of  Deputy  Clerk  Montague,  as  this  was  the  first  intimation  I  had  that  he  was 
familiar  with  the  fraudulent  character  of  our  operations  in  township  11-7,  Mc- 
Kinley never  having  mentioned  to  me  the  subject  of  his  relations  with  the  crooked 
official.  It  proved  conclusively  that  McKinley,  my  old  partner  in  wickedness,  had 
given  me  the  "double-cross,"  and  when  I  turned  to  him  for  an  explanation  I  found 
him  the  picture  of  despair. 

Before  Montague  had  gone  on  the  stand,  McKinley  had  been  engaged  in 
affable  converse  with  those  around  him,  but  as  soon  as  the  denouement  had  taken 
place,  I  found  him  with  his  chin  sunk  so  deep  upon  his  waistcoat  that  it  almost 
touched  the  lower  buttons.  He  would  not  talk,  and  his  reply  to  my  inquiry  as 
to  what  it  all  meant  was  merely  a  shake  of  the  head,  as  he  bowed  still  further 
forward  to  hide  the  torture  depicted  in  his  countenance. 

Page    159 


As  for  Montague,  it  is  safe  to  state  that  he  presented  the  most  abject 
appearance  of  any  that  had  thus  far  been  called  to  the  witness  stand.  Remorseful 
and  hollow-eyed,  full  of  contrition,  with  blanching  features  and  quivering  voice, 
and  eyes  that  constantly  sought  the  floor,  he  had  told  the  story  of  his  downfall  and 
shame,  and  it  had  become  part  of  the  history  of  the  fraudulent  transactions.  He 
was  not  cross-examined,  as  our  attorneys  thought  he  had  been  punished  enough. 

W.  F.  Hammer,  Clerk  of  Linn  Count}-  during  1901-2,  testified  that  he  had 
no  knowledge  of  the  fact  that  his  deputy  was  signing  his  name  to  papers  other 
than  those  of  a  legitimate  character.  He  corroborated  Montague  in  regard  to  the 
signatures. 

Miss  Minda  McCoy,  stenographer  in  the  office  of  the  Linn  County  Abstract 
Company,  who  knew  McKinley,  remembered  having  furnished  him  with  the 
abstract  for  the  George  A.  Howe  claims. 

Colonel  A.  R.  Greene  was  recalled,  and  related  the  incident  connected  with 
his  interview1  with  Dr.  Frank  H.  Walgamot  at  the  time  he  called  upon  the  latter 
for  the  purpose  of  securing  a  statement  from  him  relative  to  his  homestead  entry 
in  township  11-7.  The  Colonel  declared  that  Walgamot  had  informed  him  that 
one  of  his  witnesses,  Charles  Burley,  was  in  California,  while  the  other,  Joseph 
\Yilson,  was  the  newsboy  on  a  Southern  Pacific  train,  and  investigation  had 
proven  the  so-called  "Joseph  Wilson"  to  be  none  other  than  Thomas  R.  Wilson, 
chief  clerk  of  the  State  Penitentiary  at  Salem. 

When  Colonel  Greene  was  excused  from  the  stand.  Mr.  Heney  called  for 
Thomas  R.  Wilson,  but  it  was  found  that  he  was  not  in  the  courtroom,  and  it  was 
discovered  later  that  John  H.  Hall,  for  some  reason  known  only  to  himself,  had 
excused  the  \vitness  some  two  days  previously.  It  was  evident  that  Mr.  Heney 
was  considerably  displeased  on  account  of  the  absence  of  Wilson,  but  so  far  as 
McKinley  and  myself  were  concerned,  we  were  perfectly  indifferent  about  it,  as 
we  had  seen  and  talked  with  Wilson  but  a  few  days  before,  and  he  assured  us  of 
his  intention  to  "stand  pat,"  no  matter  what  the  consequences  might  be. 

Special  Agent  Edward  W.  Dixon,  of  the  General  Land  Office  (at  present 
chief  of  Field  Division  Xo.  3,  comprising  the  State  of  Washington  and  a  portion 
of  Idaho),  corroborated  Colonel  Greene  with  reference  to  occurrences  in  Dr. 
Walgamot's  office. 

John  P.  Marshall,  wrho  claimed  to  be  cashier  of  the  Ainsworth  National 
Bank,  of  Portland,  and  to  be  a  handwriting  expert  of  vast  experience,  was  the 
next  witness.  By  the  aid  of  enlarged  photographs  of  the  signatures  taken  from 
the  bonds,  and  filed  with  the  Court  as  a  standard,  he  compared  the  signatures  of 
Emma  L.  Watson,  Marie  L.  Ware.  Horace  G.  McKinley.  Dan  W.  Tarpley,  Frank 
H.  Walgamot  and  myself  with  those  attached  to  the  filing  and  final  proof  papers 
of  the  fraudulent  homestead  entries  in  township  11-7.  This  self -constituted  "wiz- 
ard of  penmanship"  declared  that  the  signature  of  Joseph  Wilson  had  been  forged 
by  Horace  G.  McKinley:  that  the  names  of  George  A.  Graham  and  George  L. 
Pettis  had  been  forced  by  Marie  L.  Ware  and  Horace  G.  McKinley.  who  had 
u>ed  the  handwriting  of  Mi<>  Minda  McCoy,  of  the  Linn  County  Abstract 
Company,  as  a  standard  for  operation;  that  the  names  of  Emma  Porter  and 
Emma  L.  Watson,  in  his  opinion,  were  written  by  the  same  hand :  that  George  A. 
Howe's  signature,  as  well  as  that  of  Thomas  Wilkins  and  Joseph  Wilson,  had  been 
written  by  McKinley,  while  the  body  of  the  testimony  in  the  final  proof  of  the 
Maud  Witt  entry  had  been  written  by  myself. 

Our  attorneys  literally  made  a  monkey  of  Marshall  under  cross-examina- 
tion, developing  the  fact,  much  to  his  discomfiture,  that  the  self-styled  expert  of 
long  experience,  had  been,  at  one  time,  connected  with  the  Ainsworth  National 
Bank,  and  had,  indeed,  been  privileged,  while  in  the  bank's  employ,  to  stand  within 
the  wicket  of  the  cashier's  department,  much  in  the  same  capacity  that  the  janitor 
or  porter  might  have  been  there,  but  not,  indeed,  as  cashier  of  the  institution.  He 
had,  nevertheless,  drawn  upon  his  imagination^to  the  extent  that,  because  of 
having  touched  the  garments  of  his  superior,  he  believed  that  the  raiment  belonged 

Page   160 


Robert  B.  Montague,  the  crooked  Deputy  County  Clerk  of  Linn 

County,  Oregon,  who,  for  obvious  reasons,  is  now 

sojourning  in  Honolulu 

properly  to  himself,  and  was  pleased,  therefore,  to  assume  the  title.  This  probably 
gave  him  the  idea  that  he  was  a  marvelous  expert  in  handwriting ;  but  as  a  matter 
of  fact,  a  10-year-old  schoolboy  forgot  more  every  night  on  the  subject  than 
Marshall  ever  knew  in  his  life.  It  was  developed  further,  that  this  man  had  not 
even  been  in  the  bank's  employ  for  something  like  six  years,  and  that,  in  the  mean- 
time, he  was  playing  baseball  for  a  living  and  was  connected  with  one  of  the 
local  teams.  It  will  be  shown  later  to  what  extent  his  knowledge  went  as  a  hand- 
writing expert. 

J.  F.  Shearman,  Deputy  Clerk  of  the  United  States  District  Court,  of 
Wichita,  Kas.,  was  also  placed  on  the  stand  by  the  Government  as  a  handwriting 
expert,  and  he  proved  to  be  a  second  edition  of  the  preceding  witness,  so  far  as 
gleams  of  intelligence  were  concerned. 

Shearman  gave  it  as  his  opinion  that  the  signatures  of  Maud  Witt  were 
made  by  Dan  Tarpley,  and  that  those  of  Joseph  Wilkins,  Thomas  Wilson  and 
George  A.  Howe  were  executed  by  McKinley ;  also  that  Emma  L.  Watson  signed 
the  name  of  Emma  Porter,  while  Mattie  S.  Lowell's  signatures  were  written  by 
Marie  L.  Ware. 


Page   161 


Counsel  for  the  defense  subjected  Shearman  to  a  gruelling  cross-examina- 
tion, during  which  he  became  greatly  confused,  and  at  times  experienced  consider- 
able difficulty  in  extricating  himself  from  perilous  positions.  Had  we  so  desired, 
it  could  have  been  proven  that  the  two  handwriting  experts  of  the  Government 
were  entirely  incompetent,  so  far  as  their  general  deductions  were  concerned,  but 
of  course,  we  were  in  no  position  to  discredit  them  at  that  tihie  without  exposing 
our  own  weakness.  Now  that  the  case  is  over,  however,  and  there  is  no  longer 
any  necessity  for  concealing  the  identity  of  the  real  signers  of  the  different 
fraudulent  papers,  I  have  no  objections  to  making  them  public. 

The  signatures  of  Joseph  Wilson  and  Thomas  Wilkins  were  made  by 
Thomas  R.  Wilson,  who  had  made  proof  on  two  separate  claims.  Both  the 
Government  handwriting  experts  had  attributed  these  signatures  to  Horace  G. 
McKinley. 

The  name  of  George  A.  Graham  was  signed  by  Henry  A.  Young,  a  clerk 
under  Secretary  of  State  Kincaid,  of  Salem,  Oregon.  Young  had  filed  on  two 
claims  under  his  own  name  and  that  of  Graham. 

George  L.  Pettis  was  signed  by  Walter  Palmer,  and  not  by  McKinley, 
the  experts  to  the  contrary  notwithstanding.  Palmer  was  a  logger. 

The  name  of  Zenas  K.  Watson  was  signed  by  Basil  H.  Wagner,  a  well- 
known  resident  of  Salem. 

George  A.  Howe's  signature  was  made  by  Guy  Huff,  a  bartender  of 
Eugene,  Oregon.  Huff  was  afterwards  indicted  for  his  connection  with  land 
frauds. 

The  signature  of  Maud  Witt  was  by  herself,  and  not  by  Tarpley,  as 
contended  by  the  experts  for  the  Government.  She  was  a  resident  of  Portland 
at  that  time. 

The  name  of  Mattie  S.  Lowell  was  signed  by  Maud  Coffin,  a  well-known 
young  lady  of  Portland,  who  had  no  idea  as  to  the  purpose  for  which  it  was  being 
used.  Marie  Ware  had  nothing  whatever  to  do  with  the  writing  of  this  name. 

The  only  signature,  in  fact,  upon  which  these  so-called  experts  rendered  a 
correct  opinion,  was  that  of  Emma  Porter,  which  had  been  written  by  Emma  L. 
Watson,  who  had  made  no  attempt  to  disguise  her  handwriting. 

Properly  speaking,  these  handwriting  experts  were  imposters  of  the  rankest 
kind,  and  in  their  employment  to  pass  judgment  upon  signatures,  the  Government 
was  buncoed  out  of  every  cent  paid  them. 

After  Marshall  and  Shearman  had  given  their  testimony,  the  prosecution 
resumed  the  introduction  of  other  evidence,  and  placed  J.  A.  Wilson,  manager  of 
the  Dennison  News  Company,  on  the  stand  to  prove  the  identity  of  Thomas  R. 
Wilson,  who  had  been  a  newsboy  in  the  employ  of  the  witness  at  the  time  he  filed 
the  fraudulent  claims. 

John  M.  Keith,  proprietor  of  a  restaurant  in  Portland,  was  called  to  prove 
XYalgamot's  continuous  residence  in  Portland  during  the  period  it  was  alleged  he 
was  living  on  his  homestead  claim  in  11-7.  He  testified  that  Walgamot  had  been 
employed  as  a  waiter  in  his  establishment  at  one  time. 

L.  Jacobs,  of  Springfield,  Oregon,  but  formerly  of  Detroit,  Oregon — better 
known  as  "Accommodating  Jakey,"  because  of  his  readiness  to  "accommodate  a 
friend,"  as  he  used  to  put  it,  through  the  signing  of  any  old  paper  that  might  be 
presented  to  him — was  the  next  witness  called  to  the  stand. 

He  testified  that  he  had  been  in  the  general  merchandise  business  at  Detroit 
for  several  years,  and  that  he  had  been  imposed  upon  by  both  Special  Agent 
Loomis  and  Forest  Superintendent  Ormsby  when  they  induced  him  to  attach  his 
signature  to  the  false  affidavits  embodied  in  their  respective  reports. 

During  the  cross-examination  of  "Accommodating  Jakey,"  the  Hon.  A.  C. 
Woodcock,  of  Eugene,  Oregon — who  had  been  paid  $1,500  to  assist  in  the  defense 
of  Miss  Ware  and  Tarpley,  and  who,  by  the  way,  was  regarded  in  the-community 
where  he  resides  as  the  greatest  legal  light  since  Daniel  Webster,  Henry  Clay, 
Demosthenes,  or  the  rest  of  the  bunch — aroused  himself  from  his  customary  siesta, 

Page    162 


Maud  Witt,  one  of  the  bogus 
homesteaders  in  11-7 

which  had  been  continuous  from  the  beginning  of  the  trial,  and  ventured  to  say  a 
thing  or  two.  When  Jacobs  admitted  having  signed  the  papers  for  Loomis  and 
Ormsby,  the  spell  which  had  bound  Attorney  Woodcock  seemed  to  have  been 
suddenly  broken,  and  he  emerged  from  the  dream  long  enough  to  ask  the  witness 
"if  he  was  not  aware  that  it  was  a  serious  offense  to  make  a  false  affidavit."  After 
which,  he  waited  long  enough  to  get  the  witness'  reply,  who  stated  that,  "under 
the  circumstances,  he  thought  he  was  doing  the  right  thing."  When  Woodcock, 
with  the  wisdom  of.  a  Solomon  remarked,  "that's  all,"  and  falling  back  into  his 
chair,  relapsed  into  everlasting  silence,  while  great  globules  of  condensed  wisdom 
could  be  observed  separating  themselves  from  the  triple  expansion  machinery  of 
his  mind.  Walter  W.  Thackery,  clerk  of  the  Roseburg  Land  Office,  identified  the 
George  A.  Howe  papers  which  had  passed  through  the  land  office  in  the  usual 
course  of  title. 

Miss  Maud  Coffin,  of  Portland,  was  the  next  witness  called,  but  for  what 
purpose  was  not  developed,  as  it  was  shown  that  she  had  no  knowledge  of  the 
case  at  issue,  and  the  Court  sustained  an  objection  from  counsel  for  the  defense. 

U.  Grant  Scott  testified  to  having  known  Frank  H.  Walgamot  for  the  past 
11  years,  and  that  he  had  resided  in  Portland  all  that  time. 

Page    163 


F.  S.  Skiff,  a  local  dentist,  testified  that  \\algamot  had  studied  dentistry  in 
his  office,  but  could  not  say  whether  or  not  he  had  lived  in  Portland  after  discon- 
tinuing with  him. 

The  last  witness  of  the  day  was  Miss  M.  A.  Aiken.  who  was  called  to  prove 
Walgamot's  continuous  residence  in  the  city,  as  he  had  lived  at  her  house. 

On  Friday  morning,  December  2,  J.  A.  W.  Heidecke, 'the  star  witness  of 
the  trial,  was  placed  on  the  stand  by  the  Government.  He  testified  to  a  residence 
of  several  years  at  Detroit,  and  claimed  to  have  assisted  in  making  the  Govern- 
ment survey  of  township  11-7;  that  he  knew  all  the  settlers  thereabouts,  but  had 
never  seen  or  heard  of  any  of  the  12  entrymen  involved  in  the  case  at  issue:  that 
he  knew  Dan  \V.  Tarpley,  S.  A.  D.  Puter  and  Horace  G.  McKinley :  that  Tarpley 
prevailed  upon  him  to  go  to  Albany,  where  he  was  introduced  to  Puter,  who 
employed  him  to  ascertain,  if  possible,  the  source  of  the  complaint  relative  to  the 
fraudulent  homestead  entries  in  township  11-7;  that  he  had  accepted  this  employ- 
ment, but  had  failed  to  secure  the  desired  information;  that  he  met  Puter  again 
at  Albany  by  appointment,  agreeing  upon  this  occasion  to  show  Special  Agent 
Loomis  over  certain  lands  in  Township  11-7  and  represent  them  as  being  the 
claims  he  had  been  ordered  to  investigate,  and  that  Puter  had  paid  him  $110  in 
gold  for  the  service,  and  had  promised  him  S250  more  when  the  titles  were 
perfected ;  that  he  met  Loomis  according  to  appointment,  and  escorted  him  to  the 
mountains,  where  he  pointed  out  certain  cabins  and  improvements  and  represented 
to  the  Special  Agent  that  they  belonged  to  the  different  homesteads  forming  the 
basis  for  the  investigation,  when,  as  a  matter  of  fact,  they  were  miles  away,  and 
that  Loomis  did  not  know  the  difference  :  that  the  latter  met  with  an  accident  while 
in  the  woods,  and  was  unable  to  further  proceed  with  the  farcical  inspection, 
suggesting  that  they  had  gone  far  enough.  The  following  is  a  verbatim  copy  of 
the  testimony  at  this  point  from  the  Court  stenographer's  notes: 

Question  (by  Mr.  Heney  )  :  "\\~hat  happened  when  you  got  back  to  camp?" 

Heidecke:  "Well,  I  took  the  horses  and  staked  'em  out  on  the  grass  so 
they  couldn't  get  away,  and  came  into  the  house  on  the  Peaslee  place,  where  we 
were  staying,  and  I  says  to  him,  'are  you  going  to  examine  any  more  of  those 
claims?'  'Why,'  he  says,  'you  have  saw  Puter,  ain't  you?' 

"I  says  'yes,  I  seen  Puter,  and  I  don't  like  that  very  well.' 

"  'Oh,'  he  says,  'mum's  the  word !  I  am  a  Special  Agent,  and  whatever 
reports  I  make  out,  the  Government  will  not  doubt  me.  Everything  will  be  all 
right.' 

"And  then  I  says.  'well,  here's  all  those  rangers  and  Ormsby.' 

"  'Oh,'  he  says,  'Ormsby  has  no  kick  coming !'  So  I  says.  'I  guess  I  will 
go  fishing  then.'  and  when  I  went  out  he  took  out  a  map,  and  he  says,  'where 
would  you  put  those  cabins  ?' 

"So  I  just  sat  down  there  and  marked  around  where  the  cabins  would  be, 
and  then  I  went  fishing." 

Continuing,  the  witness  said  in  substance : 

"The  next  day  we  returned  to  Detroit,  and  I  accompanied  the  Special 
Agent  to  the  rear  of  Jacobs'  store,  where  the  affidavits  were  drafted  by  Loomis, 
as  he  objected  to  doing  so  in  the  main  room  of  the  store  on  account  of  so  many 
customers  being  there.  After  fixing  up  a  set  of  affidavits  , for  each  of  the  12 
entries,  Loomis  obtained  signatures  thereto  from  L.  Jacobs,  proprietor  of  the 
store,  and  several  others  of  the  townspeople  present.  I  also  signed  a  set  for  each 
claim,  and  induced  the  two  Thomas  brothers  to  do  likewise,  paying  them  $10 
apiece  for  their  trouble.  Altogether  Loomis  paid  me  $15  for  my  two  days'  work 
for  him  in  the  woods.  This  was  irrespective  of  the  amount  I  received  from  Puter. 

"My  next  experience  with  the  deal."  declared  Heidecke.  "was  when  I  met 
Captain  S.  B.  Ormsby  at  Albany  in  accordance  with  arrangements  that  had 
already  been  made  wnth  Puter.  Ormsby  informed  me  that  the  investigation  made 
by  Loomis  in  11-7  had  to  be  done  all  over,  and  suggesed  that  I  go  with  him  as  a 
guide.  Shortly  thereafter  I  met  Ormsby  and  Tarpley  at  Detroit,  and  was  paid 

Page   164 


Frank  E.  Alley,  the  Roseburg  searcher  of 

records,  and  handy  man  for  Kribs 

at  the  local  Land  Office 


$20  by  Tarpley  to  accompany  Ormsby  into  the  mountains.  At  the  same  time 
Tarpley  flashed  a  draft  for  $250  in  my  face  which  was  made  payable  to  me,  and 
which  Tarpley  said  would  be  turned  over  to  me  as  soon  as- patents  issued  on  the 
12  claims." 

This  draft  was  then  introduced  in  evidence  by  Heney,  and  proved  to  be 
a  certificate  of  deposit  for  $250  made  in  the  name  of  Emma  L.  Watson  at  the 
Wells-Fargo  Bank  in  Portland.  It  was  made  payable  to  Heidecke  by  Mrs. 
Watson,  and  also  bore  the  signature  of  Heidecke  as  payee. 

"The  day  after  Ormsby  arrived  at  Detroit,"  continued  Heidecke,  "we  started 
for  the  mountains,  but  I  had  not  proceeded  far  when  I  pretended  to  be  sick,  and 
returned  to  Detroit,  leaving  the  Captain  in  the  lurch.  He  did  not  stay  out  very 
long,  either,  but  came  back  to  Detroit  on  the  following  day  and  asked  me  to  sign 
a  lot  of  affidavits  testifying  to  the  residence,  improvements,  etc.,  on  the  12  claims. 

"At  first  I  declined  to  do  so,  but  when  Ormsby  suggested  that  there  was 
a  great  deal  of  timber  being  illegally  cut  on  Government  lands,  and  that  the 

Page    165 


Forestry  Department  might  require  my  services  in  protecting  the  reservation  from 
devastations  of  this  character.  I  lost  no  time  in  taking  the  hint  and  signing  a 
complete  set  of  the  affidavits.  Later  Ormsby  secured  the  affidavits  of  Jacobs  and 
several  others  in  Detroit.  He  kept  his  word  in  reference  to  getting  me  appointed 
as  a  forst  ranger,  which  position  I  held  until  October  15^  1902,  when  I  was 
discharged." 

Heidecke  resumed  his  testimony  by  relating  all  that  occurred  about  two 
years  later  when  Edward  W.  Dixon,  at  that  time  a  Special  Agent,  called  upon  him 
at  Detroit  and  interviewed  him  relative  to  the  12  homestead  claims  in  township 
11-7.  Dixon  had  been  detailed  by  the  General  Land  Office  to  make  an  investiga- 
tion in  search  of  evidence  that  could  be  made  the  basis  for  indictments  by  the 
Federal  Grand  Jury,  and  in  the  course  of  his  duty,  read  over  some  of  the  affidavits 
that  Heidecke  had  signed. 

The  mountaineer  declared  that  the  statements  therein  contained  were  true 
and  correct  in  every  particular,  as  he  was  well  acquainted  with  the  12  homestead- 
ers. Shortly  thereafter  he  wras  subpoenaed  to  appear  before  the  United  States 
Grand  Jury,  at  Portland,  but  before  doing  so,  sought  out  Captain  Ormsby,  at 
Salem,  and  consulted  with  him  relative  to  the  situation.  He  was  deliberating 
whether  or  not  to  ignore  the  subpoena  altogether  and  skip  out,  but  Ormsby  advised 
him  not  to  do  so,  claiming  there  was  no  danger  as  there  was  no  power  on  earth 
could  break  the  two  reports,  and  for  him  to  stand  pat,  at  the  same  time  suggesting 
that  he  see  Dan  Tarpley  about  the  matter  before  taking  any  further  action. 

Heidecke  called  upon  Tarpley,  as  advised  by  Forest  Superintendent 
Ormsby,  and  was  furnished  with  certain  data  which  he  was  to  commit  to  mem- 
ory for  use  before  the  Grand  Jury.  He  wrote  down  in  his  memorandum  book  that 
Maud  Witt  was  light,  and  of  medium  height,  while  Nellie  Backus  was  heavy  and 
dark ;  in  fact,  he  had  descriptions  covering  each  person  who  had  made  the  home- 
stead filings.  Somehow  or  other  his  memory  went  back  on  him  when  he  faced  the 
inquisitorial  body,  and  after  holding  out  for  a  time,  he  finally  went  all  to  pieces 
and  told  everything,  making  a  complete  confession  of  his  part  in  the  fraudulent 
transaction.  Judge  Thomas  O'Day,  of  counsel  for  the  defense,  took  Heidecke  in 
hand  and  subjected  him  to  an  excruciating  cross-examination,  and  one  which,  in 
all  truth,  the  witness  will  have  good  reason  to  remember  for  the  remainder  of  his 
natural  life. 

"Heidecke,  you  self-confessed  perjurer,"  thundered  the  counsel,  "y°u»  who 
have  come  here  and  had  the  audacity  to  declare  that  you  accepted  this  money,  and 
knew  at  the  time  that  you  were  lending  yourself  to  the  commission  of  a  crime, 
yet  wavered  not,  and  after  benefiting  thereby,  and  with  no  offer  made  to  refund 
your  ill  gotten  gain,  state  to  this  court  and  jury  that  you  have  repented,  and,  in  the 
hope  of  saving  your  cowardly  self,  you  would  make  believe  that  this  thing  was 
forced  upon  you  ?" 

Heidecke,  like  Montague,  was  on  the  verge  of  collapse,  and  when  counsel 
for  the  prosecution  came  to  his  assistance,  it  reached  him  none  too  soon,  for  he  was 
indeed  a  sorry  plight. 

Frank  O'Brien,  clerk  of  the  St.  Charles  Hotel  at  Albany,  and  Charles 
Pfeifer,  of  the  Revere  House,  of  the  same  city,  both  identified  the  signatures  of 
McKinley,  Tarpley,  Loomis,  Heidecke  and  myself  from  the  registers  of  their 
respective  hotels,  at  different  times  when  those  named  had  stopped  there. 

Ira  P.  Hower,  of  Eugene,  testified  to  having  loaned  McKinley  $2,100  on 
the  George  A.  Howe  claims.  Through  this  witness  the  title  to  the  different 
fraudulent  tracts  was  traced  from  McKinley  to  X.  Haskell  Withee,  of  La  Crosse, 
Wis.  The  next  morning  this  witness  was  recalled  and  told  how  he  had  been 
accustomed  to  keeping  the  Howe  deeds  in  a  certain  bureau  drawer  at  his  residence 
with  other  valuable  papers,  but  that  in  searching  for  the  documents  a  few  days 
previously,  the  discovery  was  made  that  they  had  "mysteriously"  disappeared. 
L.  E.  Bean,  Hower's  attorney,  corroborated  his  client  relative  to  the  search  for 
the  missing  deeds. 

Page    166 


Walter  Holt,  of  Wells-Fargo  Bank,  Portland,  identified  the  certificate  of 
deposit  for  $250  issued  by  the  bank  in  favor  of  Mrs.  Emma  L.  Watson,  and 
indorsed  by  her  to  Heidecke. 

P.  E.  Snodgrass,  Cashier  of  the  First  National  Bank,  of  Eugene,  told 
about  the  transaction  between  Hower  and  McKinley,  at  which  time  the  George 
A.  Howe  claims  were  given  as  security  for  the  loan.  Snodgrass  also  related 
the  substance  of  a  conversation  occurring  between  himself  and  McKinley,  wherein 
the  latter's  representations  regarding  the  value  of  the  lands  was  made  the  basis 
for  the  loan  of  $2100. 

At  this  point  Mr.  Heney  announced  that  the  Government  rested  its  case. 
He  had  two  more  witnesses,  he  said,  both  of  whom  were  absent,  George  Soren- 
son  being  reported  at  Duluth,  Wis.,  while  Thomas  R.  Wilson,  the  Walgamot 
witness,  was  alleged  to  be  too  ill  to  attend  the  Court  proceedings. 

Counsel  for  the  defense  held  a  brief  consultation  as  soon  as  the  prosecution 
rested,  after  which  it  was  announced  that  they  would  introduce  no  evidence  in  the 
case.  This  move  was  a  great  surprise  to  everybody,  as  it  had  been  confidently 
expected  that  a  vigorous  defense  would  be  made,  quite  an  array  of  witnesses  hav- 
ing been  summoned  for  that  purpose. 

At  the  beginning  of  the  trial,  the  defense  had  entered  the  Court  room 
fully  confident  that  a  complete  line  of  defense  would  be  established  against 
anything  the  Government  might  present;  but  as  the  case  progressed,  however, 
it  soon  became  apparent  that  Montague  and  Heidecke  had  turned  traitors,  which 
presented  a  different  phase  of  the  situation,  with  the  result  that  we  found  our- 
selves without  a  peg  to  stand  on,  and  were  obliged  in  consequence  to  pin  our  faith 
to  the  belief  that  whatever  judgment  of  conviction  the  jury  might  return  could  be 
overcome  on  appeal  to  the  higher  Court. 

At  the  afternoon  session,  just  before  the  commencement  of  arguments, 
the  second  great  surprise  of  the  day  occurred  when  Claude  Strahan,  a  local 
attorney,  arose  and  said: 

"I  appear  for  Defendant  Frank  H.  Walgamot,  and  at  this  time  I  desire 
to  withdraw  his  plea  of  not  guilty,  and  substitute  therefor  a  plea  of  guilty!" 

"Is  that  your  wish,  Mr.  Walgamot?"  inquired  Judge  Bellinger,  addressing 
the  alleged  trapper. 

The  defendant  arose  slowly  to  his  feet  with  do\vncast  eyes.  He  did  not 
want  to  see  his  fellow-defendants,  nor  gaze  into  the  eyes  of  the  Court  or 
spectators.  Shamefaced  and  crestfallen,  he  Tiad  lingered  until  the  last  minute  in 
the  hope  that  something  might  develop  to  turn  the  tide.  But  he  realized  that 
there  was  no  escape,  hence  was  ready  to  beg  for  that  mercy  which  the  other 
defendants,  in  their  loyalty  to  each  other,  had  scorned  to  accept. 

"I  do,"  he  said,  with  quivering  voice. 

"What  is  your  plea?  asked  the  Court. 

"Guilty !"  he  whispered,  as  he  sank  temporarily  into  his  seat,  and  then  slunk 
from  the  Court  room  under  cover  of  the  further  proceedings,  and  was  seen  no 
more.  It  is  quite  evident  that  Walgamot's  plea  came  at  an  opportune  moment, 
as  he  has  never  been  sentenced,  and  there  is  not  much  likelihood  that  he  will 
ever  be  called  upon  to  face  any  further  punishment  for  his  misdeeds. 

The  sensational  incidents  of  this  episode  had  hardly  died  away  when  Mr. 
Heney  arose  and  produced  one  of  even  greater  magnitude. 

"Your  Honor,"  he  said,  addressing  the  Court;  ''I  have  long  followed  the 
rule  in  prosecuting  not  to  ask  a  jury  to  return  a  verdict  of  conviction  in  a  case 
where  I  could  not  conscientiously  go  into  the  juryroom  and  vote  the  same  way 
myself.  I  feel  that  the  Government  has  failed  to  make  out  a  case  against  Marie 
Ware  under  the  terms  of  this  particular  indictment,  and  have  therefore  to  request 
that  the  jury  be  instructed  to  acquit  her  of  this  charge." 

Judge  Bellinger  assured  Mr.  Heney  that  he  felt  the  same  way  in  regard  to 
Miss  Ware's  complicity  in  the  11-7  frauds,  and  indicated  an  intention  of  instruct- 
ing the  jury  in  accordance  with  this  view  of  the  situation. 

Page    168 


United  States  Attorney  John  H.  Hall  made  the  opening  argument  for  the 
government  in  a  speech  that  consumed  several  hours.  It  was  not  regarded  as 
much  of  an  effort  from  an  argumentative  standpoint,  the  main  features  being  a 
facetious  fling  at  the  romantic  ideas  involved,  when  the  bachelor  element  among 
the  bogus  entrymen  were  supposed  to  soften  the  asperities  of  their  isolated  exist- 
ence by  paying  alternate  court  to  "Nellie  Backus,"  "Emma  Porter,"  and  "Maud 
Witt,"  while  the  poor  girls  were  hoeing  potatoes  out  in  the  snow  during  the  long 
hours  of  the  Wintry  nights. 

My  brother,  L.  F.  Puter,  of  Eureka,  Cal.,  followed  the  Government  attor- 
ney, in  an  address  that  was  listened  to  with  close  attention  by  the  jury,  although 
it  was  plainly  apparent  from  the  outset  that  no  power  on  earth  could  stem  the 
current  of  their  conviction  that  we  were  guilty. 

Probably  the  most  impressive  scene  of  the  whole  trial  was  witnessed  after 
my  brother  had  finished,  and  Judge  Thomas  O'Day  had  resumed  his  closing  appeal 
for  the  defendants.  Naturally  of  commanding  presence,  the  Judge  was  never 
more  so  than  on  this  occasion,  as  with  stately  tread,  after  the  noon  recess,  he  took 
a  position  directly  in  front  of  the  jury.  Opening  a  large  volume  of  the  Holy 
Bible,  and  spreading  it  before  him  on  a  pedestal  that  had  been  improvised  for 
the  occasion,  he  commenced  to  read  from  the  VIII  Chapter  of  St.  John: 

"Jesus  went  into  the  Mount  of  Olives.  And  early  in  the  morning  he 
came  again  into  the  temple,  and  all  the  people  came  unto  him ;  and  he  sat  down, 
and  taught  them. 

"And  the  Scribes  and  Pharisees  brought  unto  him  a  woman  taken  in 
adultery;  and  when  they  had  set  her  in  the  midst,  they  said  unto  him,  'Master, 
this  woman  was  taken  in  adultery,  in  the  very  act.  Now  Moses  in  the  law  com- 
manded us,  that  such  should  be  stoned ;  but  what  sayest  thou  ?'  " 

"This  they  said,  tempting  him,  that  they  might  have  to  accuse  him.  But 
Jesus  stooped  down,  and  with  his  finger  wrote  on  the  ground,  as  though  he 
heard  them  not. 

"So  when  they  continued  asking  him,  he  lifted  up  himself,  and  said 
unto  them,  'He  that  is  without  sin  among  you,  let  him  first  cast  a  stone  at  her.' 

"And  again  he  stooped  down  and  wrote  on  the  ground. 

"And  they  which  heard  it,  being  convicted  by  their  own  conscience,  went 
out  one  by  one,  beginning  at  the  eldest,  even  unto  the  last;  and  Jesus  was  left 
alone,  and  the  woman  standing  in  the  midst. 

"When  Jesus  had  lifted  up  himself,  and  saw  none  but  the  woman,  he  said 
unto  her,  'Woman,  where  are  those  thine  accusers?  Hath  no  man  condemned 
thee?' 

"She  said,  'No  man,  Lord.'  And  Jesus  said  unto  her,  'Neither  do  I  con- 
demn thee ;  Go,  and  sin  no  more.' '' 

Turning  his  pockets  inside  out,  Judge  O'Day  faced  the  Government  attor- 
neys and  shouted  in  stentorian  tones : 

"I  carry  no  rocks  with  me,  I  don't  see  any  coming  from  the  other  side !" 

Taking  the  scriptural  injunction  as  a  text,  Judge  O'Day  proceeded  to  de- 
liver one  of  the  most  effective  sermons  ever  listened  to  from  any  pulpit.  His 
reading  of  the  quotation,  coupled  as  it  was  with  so  many  dramatic  features,  pro- 
duced a  profound  impression  upon  jury  and  audience  alike.  The  application  was 
apparent  to  all.  Outside  attempts  had  been  made  during  the  progress  of  the  trial 
to  connect  the  female  defendants  in  some  way  with  certain  scandalous  rumors, 
and  the  action  of  Judge  O'Day  was  taken  as  a  reply  to  these  vague  and  senseless 
insinuations. 

Of  splendid  physique  and  endowed  with  deep,  penetrating  voice,  the  Judge 
held  the  closest  attention  of  the  entire  court  room,  and  a  death  like  stillness  per- 
vaded the  atmosphere  while  he  was  making  his  eloquent  appeal  for  mercy.  That 
was  all  it  could  be  called,  as  we  were  forced  to  throw  ourselves  at  the  feet  of  the 
jurymen  by  reason  of  having  absolutely  no  case. 

Page   169 


Whatever  effect  the  words  of  our  counsel  may  have  produced  was  quickly 
dispelled  when  Mr.  Heney  began  the  closing  address  for  the  Government.  He 
summed  up  the  evidence  in  the  most  convincing  manner  possible,  and  it  is  doubt- 
ful if  the  prosecutor  exists  who  is  gifted  with  such  wonderful  powers  of  concen- 
tration when  it  comes  to  analyzing  the  testimony  in  a  case.  His  efforts  stamped 
him  at  once  as  a  person  of  rare  legal  ability,  and  his  reputation  has  since  been 
greatly  enhanced. 

Heney 's  speech  occupied  the  entire  morning  session  of  Court,  so  that 
at  2  o'clock  on  the  afternoon  of  December  6,  1904.  Judge  Bellinger  began 
reading  his  instructions  to  the  jury.  They  were  fair  and  impartial  throughout,  as 
were  practically  all  the  rulings  during  the  trial,  and  at  2:15  P.  M.  our  fates  were 
in  the  hands  of  the  twelve  men,  good  and  true. 

After  being  out  about  forty  minutes,  the  jury  returned  a  verdict  of  guilty 
against  all  the  defendants  with  the  exception  of  Marie  Ware,  whose  acquittal 
had  been  recommended  by  Mr.  Heney:  and  Frank  H.  Walgamot,  who  had 
entered  a  plea  of  guilty  shortly  before  the  case  was  submitted.  The  jury  was 
composed  as  follows : 

A.  Blevins  (foreman)  farmer,  Albany,  Linn  County;  E.  A.  Griffin,  stock- 
man. Dufur,  Wasco  County;  John  B.  Bridges,  contractor,  Portland,  Multnomah 
Count)" ;  J.  L.  Howard,  stockraiser,  Heppner,  Morrow  County ;  J.  L.  Barnhouse, 
stockraiser.  Wheeler  County ;  G.  H.  Xewell,  farmer,  Lakeview.  Lake  County : 
A.  E.  Austin,  general  merchandise,  \Voodburn.  Marion  County ;  J.  C.  Weatherly. 
farmer,  Wallowa  County;  C.  H.  Duncan,  farmer,  Baker  County:  W.  H.  Dilley. 
contractor  and  builder,  Benton  County;  I.  M.  Foster,  farmer,  Clatsop  Count). 
and  Richard  Waugh.  stockman,  Pendleton.  L'matilla  County. 


Pmter  estimating  the  timber  on  one  of  C.  A.  Smith's 
fraudulent  claims  in  14-3 


Page  170 


Chapter  XII 


Puter's  motives  for  aiding  the  Government — His  co-operation  zvith  Heney  and 
Burns  the  mainstay  in  the  efforts  to  connect  United  States  Senator  John  H. 
Mitchell  with  the  Oregon  land  frauds— Hozv  Frederick  A.  Kribs  was  driven 
into  a  corner  and  forced  to  "peach''  on  his  friends — C.  A.  Smith,  the 
notorious  Minneapolis  millionaire,  saved  by  the  statute  of  limitations — 
Unique  system  of  "mining"  pursued  by  the  Secret  Service  Department  in 
reducing  the  strongholds  of  conspiracy. 

THE  verdict  of  conviction  having  been  rendered,  our  attorneys  immediately 
filed  a  motion  for  a  new  trial,  Judge  Bellinger  granting  us  forty  days  in 

which  to  submit  and  argue  same.  In  the  meantime  we  were  remanded 
to  the  custody  of  the  United  States  Marshal,  our  bonds  in  each  case  being  fixed 
at  $4,000. 

Mrs.  Watson,  Horace  G.  McKiriley,  Dan  W.  Tarpley  and  Frank  H. 
Walgamot  at  once  gave  bail  and  were  released ;  while,  in  my  case,  as  I 
was  momentarily  expecting  my  old  friends  and  associates  to  call  and  attend 
to  the  matter,  I  made  no  attempt,  personally,  to  find  sureties  on  the  after- 
noon of  my  conviction. 

It  appeared,  however,  as  the  hours  rolled  by,  and  the  day  was  far  spent, 
that  I  had  been  overlooked,  so  I  requested  Walter  F.  ("Jack")  Matthews,  then 
United  States  Marshal  for  Oregon,  to  grant  me  the  privilege  of  remaining  at 
the  Hotel  Portland,  where  I  had  been  stopping,  until  such  time  as  my  bonds  were 
furnished  and  approved. 

Mr.  Matthews  very  kindly  granted  my  request,  and  instructed  Jacob 
Proebstel,  one  of  his  deputies,  to  accompany  me  to  the  hotel,  where  I  was  to 
remain  in  his  custody  until  my  bonds  were  furnished. 

On  the  following  day,  December  7,  1904,  I  suggested  to  Mr.  Proebstel, 
when  breakfast  was  over,  that  we  return  to  the  Marshal's  office,  as  I  expected 
my  friends  to  call  there.  Noon  came,  however,  without  bringing  anybody,  so  we 
went  back  to  the  hotel  for  luncheon,  after  which  we  repaired  to  the  Marshal's 
office  and  resumed  our  lonely  vigil. 

After  remaining  there  for  some  time,  I  called  up  my  brother  over  the 
telephone,  and  suggested  that  he  pay  a  visit  to  the  offices  of  F.  Pierce  Mays, 
Fred.  A.  Kribs  and  W.  N.  Jones,  all  of  whom  he  would  find  in  the  Chamber  of 
Commerce  building,  and  to  interview  these  gentlemen  with  regard  to  furnishing 
my  bond,  asking  that  he  more  particularly  see  Mr.  Mays,  whom  I  requested  him 
to  call  upon  first,  as  I  thought,  because  of  our  close  business  relations,  and 
because  of  the  fact  that  Mays  was  implicated  with  me  in  several  land 
fraud  transactions,  and  had  always  acted  as  my  attorney,  that  he  would 
be  the  proper  person  to  come  to  the  rescue,  now  that  I  was  in  need  of 
assistance. 

When  my  brother  returned  to  the  Marshal's  office,  he  advised  me  that  the 
gentlemen  named  had  been  called  upon  by  him  personally  and  interviewed  in  my 
behalf,  but  without  success.  Mr.  Mays,  upon  whom  he  called  first,  refused  abso- 
lutely to  have  anything  to  do  with  me,  giving  as  a  reason  that  he,  too, 
might  be  dragged  into  the  mire.  He  stated  that  his  name  was  being 
mentioned  freely  as  a  subject  for  probable  indictment  at  some  later  date, 

Page   171 


and  that,  should  he  come  forward  at  this  particular  time  as  among  those 
who  had  given  me  either  moral  or  financial  support  in  any  way,  the  result 
would  be  obvious. 

Mr.  Kribs  also  shrugged  his  shoulders  and  declined  to  go  on  my  bond,  as 
did  Jones  likewise,  both  of  them  claiming  that  they  were  dealing  in  timber  lands, 
were  consequently  dependent  upon  future  operations  along  that  line,  as  in  the 
past,  for  a  livelihood,  and  that,  under  the  circumstances,  it  would  be  eminently 
out  of  place  for  them  to  stake  their  prospects  upon  the  notoriety  of  such  an 
undertaking.  These  men.  so  my  brother  informed  me,  were  quite  willing  to  asso- 
ciate with  me  and  to  be  known  as  my  friends  in  my  days  of  prosperity;  in  my  hour 
of  adversity,  however,  they  were  not  to  be  reckoned  on  as  among  the  faithful. 

I  was  completely  overcome,  for  the  time  being,  when  my  brother  related 
his  experience  with  the  trio  of  presumed  friends,  and  had  it  not  been  that  it  was 
through  my  own  brother  the  ne\vs  of  their  perfidy  had  been  conveyed  to  me, 
I  should  not  have  believed  it.  Coming  from  any  other  source  I  should  have 
given  the  lie  direct  to  such  a  statement,  for  little  could  I  believe  that  these  men 
would  be  guilty  of  willfully  and  deliberately  deserting  me  at  the  very  moment 
when  I  most  needed  a  friend.  It  was  neither  what  I  expected  or  deserved,  because 
I  had  stood  by  them  through  thick  and  thin,  but  now  that  my  lips  had  drained 
the  cup  of  bitterness  to  the  dregs,  I  became  resigned,  though  even  then  I  did  not 
despair. 

The  hour  was  now  late,  and  not  feeling  disposed  to  strive  further  to  secure 
bondsmen  on  that  day,  I  retired  to  my  room  at  the  hotel,  accompanied,  as  on  the 
evening  previous,  by  Deputy  Marshal  Proebstel,  who  accorded  me  every  courtesy 
and  consideration.  We  spent  the  evening  quietly,  as  may  be  imagined,  as  I  had 
much  to  think  about  and  preferred  to  be  alone. 

On  the  following  morning  I  was  visited  by  a  friend — not  of  the  stripe 
heretofore  mentioned — who  expressed  a  desire  to  become  one  of  my  bondsmen. 
This  gave  me  renewed  courage,  so  after  breakfast  I  decided  to  call  upon  Mr.  Mays 
personally,  notwithstanding  my  brother's  report,  as  it  was  necessary  for  me  to 
secure  one  more  bondsman  in  order  to  obtain  my  release,  and  Mr.  Mays,  I  still 
thought,  was  in  duty  bound  to  supply  that  man. 

I  called  upon  Mays,  accompanied  by  Mr.  Proebstel,  the  latter  remaining 
in  the  hallway  until  the  close  of  our  interview.  Upon  entering  the  office,  I  found 
Mays  seated  at  his  desk,  and  after  bidding  him  good  morning,  addressed  him 
thus:  "Mr.  Mays,  is  it  a  fact  that  you  have  declined  to  assist  me  in  the  matter 
of  securing  my  bond?" 

"Puter,"  he  replied,  "you  know  very  well  that  I  could  not  become  your 
bondsman,  as  the  statute  prohibits  an  attorney  from  doing  so." 

"Yes,  I  am  aware  of  that.  Mr.  Mays,"  was  my  answer,  "but  I  have  not 
asked  you  to  go  on  my  bond  personally,  nor  do  I  expect  you  to ;  but  I  have  a 
right  to  ask  you  to  call  upon  one  of  your  many  friends,  through  whom  this  matter 
could  readily  be  adjusted.  This  you  could  easily  do,  and  besides,"  I  continued, 
"I  already  have  one  bondsman,  and  require  but  one  more,  and  surely  it  is  not 
expecting  too  much  when  I  say  that  you  should  supply  this  need." 

"I  would  like  to  help  you  out,"  said  Mays,  "but  I  don't  propose  to  be 
dragged  into  this  case  if  I  can  help  it.  You  know  yourself  that  they  are  after 
me  red  hot,  and  if  it  should  become  known  that  I  assisted  you  in  the  matter  of 
securing  bondsmen,  it  would  simply  be  a  case  of  supplying  ammunition  to  the 
enemy,  and  would  be  used  against  me  at  the  first  opportunity." 

"Mr.  Mays,"  I  replied,  "it  is  entirely  unnecessary  for  you  to  become  known 
in  the  transaction,  as  you  could  very  easily  speak  to  one  of  a  hundred  persons, 
any  one  of  whom  would  gladly  accommodate  you  by  becoming  my  surety,  and 
as  for  you  being  mixed  up,  or  your  identity  becoming  known,  I  can  see  no  reason 
for  any  such  idea.  The  very  thought  of  such  a  thing  is  absurd,  and  you  know  it." 

Wheeling  about  in  his  chair  and  resuming  his  writing.  Mr.  Mays  treated 
me,  and  the  subject  presented,  with  cold  indifference.  I  could  see  from  his  very 

Page   172 


countenance  that  he  was  bent  on 
ignoring  me ;  but  I  was  not  to 
be  discarded  in  this  ruthless 
fashion,  and  resolved,  before 
leaving,  to  plead  with  him  still 
further,  humiliating  as  it  might 
be  to  my  pride ;  so  I  proceeded 
to  remind  Mr.  Mays  of  how  he 
was  associated  with  me  in  the 
24-1  deal,  wherein  he  received 
half  of  the  six  claims,  knowing 
them  to  be  fraudulent,  and  not 
one  of  which  cost  him  a  dollar. 

"Mr.  Mays,  you  claim,  as 
I  understand,  to  have  paid  Sena- 
tor Mitchell  the  sum  of  $600  for 
his  services  in  pulling  out  the 
patents  to  those  six  claims,  but  I 
never  did  believe  that  you  paid 
him  any  such  amount,  nor  do  I 
believe  it  now,  as  Senator  Mit- 
chell, according  to  your  own 
statement  to  me,  was  very  much 
indebted  and  obligated  to  you 
for  past  political  favors.  How- 
ever, I  know  this  much,  and  you 
will  not  deny  it,  that  you  got 
those  claims  from  me  for  abso- 
lutely nothing,  and  you  also 
know,  as  I  do  too,  that  you  dis- 
posed of  them — the  three  that 
you  got — within  a  few  months' 
time,  for  the  neat  sum  of  $2,520. 
And  furthermore,  Mr.  Mays, 
you  have  been  mixed  up  with  me 
in  various  land  transactions  for 

something  over  12  years,  and  now,  to  think  that  the  very  man  with  whom  I 
have  dealt,  and  for  whom  I  have  worked,  should  throw  me  down  —  you 
don't  mean  this,  Mays,  I  know  you  don't,  for  you  know  full  well,  and 
that,  too,  beyond  a  question  of  doubt,  that  I  would  have  gotten  up  in 
the  middle  of  the  night  to  come  to  your  rescue,  had  occasion  demanded 
and  would  gladly  have  put  up  my  last  dollar  had  you  needed  it.  Your 
name,  Mays,  has  never  been  mentioned  by  me  in  connection  with  these 
cases.  On  the  other  hand,  I  have  shielded  you  at  every  turn." 

Mays  had  little  to  say  after  that,  but  the  look  he  gave  me  spoke  volumes. 
He  was  not  to  be  moved ;  that  was  all  apparent,  so  I  decided  that  further  entreaty 
would  avail  me  nothing,  and  being  given  the  opportunity,  I  looked  him  square 
in  the  eye,  and  said: 

"Mr.  Mays,  I  take  it  that  you  refuse  to  act  in  my  behalf?" 

"You  have  my  answer,"  he  replied ;  "I  can  do  nothing  for  you !" 

"You,  sir,  may  be  looking  for  a  bondsman  some  day,"  I  remarked,  before 
leaving.  "Remember,  I  say,  you,  too,  may  in  time  need  a  friend!" 

It  is  worthy  of  note  that  Mr.  Mays  was  indicted,  tried  and  convicted 
within  two  years  after  this  conversation  took  place,  the  indictment  against  him 
being  returned  in  less  than  a  month  after  my  trial. 

He  is  now  under  $4,000  bond,  pending  appeal  of  his  case  to  the 
higher  courts. 


Captain  J.  H.  Alexander,  Special  Agent  af  the  Gen- 
eral Land  Office,  who  was  of  material  assistance 
to  Chief  Dixon  during  the  investigation  of  the 
Umatilla  Indian   Reservation  frauds 


Page    173 


Finding  Mr.  Proebstel  in  waiting  in  the  corridor  where  I  had  left  him. 
we  took  the  elevator  and  returned  direct  to  the  hotel.  I  might,  perhaps,  have 
called  upon  Jones  and  Kribs,  who  occupy  offices  in  the  same  building,  but  I  was 
too  much  downcast  to  court  another  such  experience. 

Upon  reaching  the  Hotel  Portland,  I  found  my  brother  waiting  for  me, 
and  told  him  what  had  taken  place.  He  was  not  surprised,  as  Tiis  mind  was  made 
up  from  the  time  he  had  talked  with  Mays,  Jones  and  Kribs,  on  the  day  before. 
that  it  was  useless  to  expect  any  aid  from  them,  and  he  could  not  understand  why 
I  should  permit  myself  to  become  so  grossly  deceived  in  regard  to  the  stability 
of  such  friendship,  as  I  had  alwrays  claimed,  in  discussing  the  subject  with  my 
brother,  that  any  one,  or  all  of  them,  would  do  anything  for  me  within  reason,  as 
I  likewise  would  have  done  for  them.  They  had  been  put  to  the  test,  however, 
and  wrere  found  wanting,  and  it  \vas  now  up  to  me,  in  my  present  predicament,  to 
look  after  myself,  and  at  some  later  date,  when  the  cruel  circumstance  of  time 
would  lay  bare  the  lives  of  these  men,  as  it  does  with  all  those  who  prove  traitors 
to  their  friends,  I  could  stand  by  and  look  on  in  silent  contempt,  if  not.  indeed, 
with  a  degree  of  satisfaction,  at  their  deserved  fate. 

\Yhen  my  brother  inquired  if  I  wished  to  see  anyone  else  in  the  city  with 
a  view  of  securing  bonds,  I  replied  that  I  did  not ;  that  I  would  prefer,  however, 
humiliating  it  might  be,  to  send  to  my  old  home  in  Humboldt  County,  California. 
and  have  the  money  sent  me  necessary  to  secure  my  liberty.  He.  too,  considered 
this  the  better  plan,  so  I  wired  that  morning,  requesting  that  $4,000  be  transmitted, 
and  this  amount  I  received  by  telegraph  that  same  afternoon. 

Being  free  once  more,  I  lost  no  time  in  summoning  my  old  lieutenants, 
McKinley  and  Tarpley,  to  my  room  at  the  Hotel  Portland  for  consultation. 

When  they  called  to  see  me,  I  informed  them  of  my  intention  to  call  upon 
Francis  J.  Heney,  Special  Assistant  to  the  United  States  Attorney-General,  and 
request  permission  to  appear  before  the  United  States  Grand  Jury,  to  give  testi- 
mony against  F.  Pierce  Mays,  Senator  John  H.  Mitchell,  and  the  rest  of  the 
gang.  Mr.  Tarpley  advised  that  I  abandon  the  thought,  while  McKinley  sug- 
gested that  it  might  be  all  right  to  inform  on  Mays  and  some  of  the  others,  but  I 
should  omit  the  name  of  Senator  Mitchell. 

"I  know,"  said  he,  "that  Mays  has  treated  you  shamefully,  and  should  be 
brought  to  account  and  made  to  suffer  for  his  acts,  but  Mitchell — why  should  you 
turn  against  him  ?  \Yhat  has  he  done  ?" 

"Just  look  at  those  press  dispatches,"  I  replied.  "Hardly  a  day  has  passed 
since  my  conviction  but  he  has  had  something  mean  to  say  about  me  in  the  news- 
papers, and  as  Mitchell  and  Mays  are  so  closely  identified  with  each  other,  I  look 
upon  them  as  one  person,  determined  to  force  me  to  the  wall,  and  to  effect,  if 
within  their  power,  my  complete  ruination." 

"I  would  advise  you  to  hesitate,"  replied  McKinley,  "before  taking  final 
action,  as  you  are  angry  now  and  might  do  something  which  you  would  have 
reason  to  regret  at  a  later  date:  just  wait  a  few  days  and  vou  may  change  vour 
mind." 

"Xo,"  I  said;  "I  comprehend  thoroughly  what  I  am  doing.  My  mind  in 
the  matter  is  made  up,  and  I  am  determined  to  carry  out  my  plans  as  outlined. 
Had  Senator  Mitchell  held  his  peace,  his  name  should  never  have  been  mentioned 
by  me.  but  since  he  has  seen  fit  to  denounce  me  publicly,  through  the  columns  of 
the  daily  press,  discountenancing  me  in  most  scathing  terms,  I  can  see  no  reason 
why  I  should  protect  him  further.  Xo !  I  shall  shield  him  no  longer ;  he  is  equally 
guilty,  and  must  go  down  to  his  fate  with  the  balance  of  the  bunch." 

McKinley  and  Tarpley  evidently  thought  that  further  discussion  on  the 
subject  w-as  useless  at  that  time,  so  they  had  nothing  more  to  say,  but  still  hoping 
to  change  my  mind  in  the  matter,  either  one  or  the  other,  if  not  both,  called  upon 
W.  N.  Jones,  one  of  those  \vho  had  been  asked  to  go  on  my  bond,  and  after  in- 
forming him  of  the  situation,  suggested  that  he  see  and  talk  with  me  at  once. 

Page   174 


Jones  hit  only  the  high  places  in  reaching  me,  and  meeting  me  in  the  hotel 
lobby,  said : 

"Fitter,  what  is  the  matter?  I  learn  that  you  are  going  to  cut  loose  and 
give  the  whole  bunch  of  us  away — is  that  so  ?" 

"Well,"  I  replied,  "you  are  a  nice  lot  of  fellows,  particularly  Mays, 
Mitchell,  Kribs  and  yourself,  for  now  that  I  have  been  convicted,  Mitchell 
condemns  me,  while  Mays,  Kribs  and  you  have  seen  fit  to  pass  me  up  in  the  most 
deliberate  and  cold-blooded  manner.  Both  Mays  and  yourself,  being  my  partners 
in  those  timber  land  schemes  for  the  past  eight  years,  should  have  been  the  first 
to  offer  me  assistance,  and  which,  you  well  know,  should  have  come  to  me  unso- 
licited ;  but  you  failed  to  appear,  and  when  I  was  forced  to  call  personally, 
because  of  your  non-appearance,  I  was  turned  down  like  a  white  chip.  Up  to  this 
time  I  have  never  uttered  a  word  to  anyone  about  the  fraudulent  character  of  the 
transactions  in  which  you  were  all  involved  with  me.  On  the  other  hand,  I  have 
stuck  to  you  all  from  beginning  to  end." 

Jones'  countenance  assumed  a  look  of  serious  solicitude  as  he  replied :  "Be 
reasonable,  Filter,  and  I  will  see  Mays  and  Kribs  and  the  rest  of  them,  and 
between  us  all,  we  shall  see  that  your  fine  is  paid !" 

"You'll  pay  nothing!"  I  answered,  heatedly.  "I  am  plenty  capable  of 
paying  my  own  fine.  I  never  expected,  nor  would  I  permit,  anyone  to  pay  my 
fine.  All  I  asked  for  and  expected  was,  that  Mays,  Kribs  and  yourself  would 
show  me  the  consideration  to  which  I  was  entitled.  I  had  no  other  thought  than 
that  you  would  all  hasten  to  my  aid,  and  the  only  question  in  my  mind,  immediately 
after  conviction,  was  which  two  of  the  three  I  would  permit  to  go  on  my  bond 
without  offending  the  other.  You  know,  Jones,  how  badly  I  was  mistaken  as  to 
your  respective  dispositions.  I  know  now  what  kind  of  fellows  you  are,  and  you 
will  all  have  to  answer  at  the  bar  of  justice  because  of  your  miserable  conduct 
toward  me." 

Jones  beggingly  implored,  "Don't  do  it,  Steve — don't  do  it!  for  if  you  once 
start  the  ball  rolling,  there  is  no  telling  where  it  will  stop !  Besides,"  he  continued, 
with  more  consideration  over  the  prospective  loss  of  his  ill-gotten  dollars  than 
contrition  for  the  inevitable  wreck  of  his  reputation,  "further  exposure  will  simply 
ruin  the  timber  business,  and  there  won't  be  a  cent  in  it  for  anybody  hereafter !" 

I  wheeled  abruptly  and  walked  away,  for  notwithstanding  the  fact  that 
Jones  had  turned  against  me  when  I  most  needed  his  assistance,  at  the  same  time,  I 
could  not  bear  to  look  upon  this  fine  specimen  of  manhood  reduced  to  misery  and 
shame,  and  to  think,  moreover,  that  he  was  yet  to  suffer  still  greater  torture  from 
the  grilling  he  was  certain  to  receive  at  the  hands  of  the  death-dealing  Heney.  My 
position,  for  the  moment,  was  as  one  "between  the  devil  and  the  deep  sea,"  for  I 
had  no  real  desire  at  heart  to  humiliate  my  old  friend  Jones,  nor  did  I  wish  to  place 
him  in  the  hands  of  Heney,  a  man  for  whom  I  could  entertain  no  love,  for  if  ever 
living  man  prosecuted  his  fellow-being,  it  was  this  man  Heney  when  he  kept 
rapping  it  to  me,  and,  as  I  believed  at  the  time,  with  a  determination  not  only 
to  kill  me  for  eternity,  if  possible,  but,  if  within  his  power,  to  place  me  behind  the 
very  gates  of  hell. 

But  I  must  decide.  Once  before  I  had  done  so,  and  now  it  was  incumbent 
upon  me  to  again  revolve  all  the  agonies  of  my  chaotic  thoughts  into  some  sort 
of  tangible  form  that  would  assume  the  composite  shape  of  justice  and  mercy. 
Not  in  the  presence  of  my  one-time  friend,  however.  I  must  be  alone,  and  in  the 
solitude  of  my  room  I  reviewed  every  phase  of  the  situation  as  one  seeks  the 
secrets  of  destiny  in  a  kaleidoscope. 

All  the  abuses  I  had  suffered  at  the  hands  of  this  syndicate  of  traitors 
seemed  to  parade  before  me  in  spectral  procession,  and  mock  my  very  soul  itself 
with  their  merciless  taunts.  It  was  more  than  human  flesh  could  endure,  and  lest 
my  heart  should  grow  too  weak  and  cowardly,  causing  me  to  flinch  from  what  I 
realized  was  my  stern  duty,  I  walked  deliberately  from  my  own  room  to  that  of 
the  Government  prosecutor — in  the  same  hotel — and  knocked  for  admission,  with 

Page    175 


the  same  degree  of  charity  that  the  penitent  sinner  would  display  in  seeking 
salvation.  Mr.  Heney  responded  in  person  to  the  summons,  and  after  requesting 
me  to  be  seated,  inquired  the  object  of  my  visit,  to  which  I  made  answer : 

"Mr.  Heney,  I  have  personal  knowledge  of  fraudulent  land  transactions  in 
which  several  prominent  citizens  are  implicated,  all  of  whom,  I  consider,  are 
equally  guilty  with  myself,  if  not  more  so.  I  have  come  to  yon,  therefore,  to  ask 
that  I  be  granted  the  privilege  of  appearing  before  the  Federal  Grand  Jury  for 
the  purpose  of  testifying  in  those  cases." 

"\Yhat,  might  I  ask,  are  the  names  of  the  persons  against  whom  you  desire 
to  give  evidence?"  inquired  Mr.  Heney. 

"F.  Pierce  Mays,  United  States  Senator  John  H.  Mitchell,  and  several 
others,  whose  names  I  do  not  care  to  mention  at  this  time."  was  my  reply. 

"If  you  have  no  objection,"  said  Mr.  Heney,  "I  should  be  glad  to  learn 
the  nature  of  the  testimony  you  expect  to  present." 

"Well,"  I  replied,  "I  will  state  for  the  present  that  Mr.  Mays  was  my 
associate  in  several  land  transactions,  in  some  of  which  Senator  Mitchell  also 
took  part.  One,  in  particular,  that  I  call  to  mind,  was  when  I  visited  Washington, 
D.  C.,  at  the  instigation  of  Mr.  Mays,  and,  although  I  had  met  and  transacted 
business  with  Senator  Mitchell  prior  to  this  time,  Mays  handed  me  a  letter  to  him, 
which  I  presented  upon  my  arrival  in  Washington,  and  which  introduction  was 
the  means  of  giving  me  a  standing  with  the  Senator  which  I  had  not  previously 
enjoyed,  and  which  terminated  later  in  my  making  a  deal  with  him,  whereby  he 
agreed  to  expedite  the  issuance  of  patents  to  certain  lands  in  which  Mays  and  I 
were  interested,  and  for  which  service  I  paid  Senator  Mitchell  the  sum  of  $2000, 
in  the  form  of  two  $1000  bills." 

"If  you  can  substantiate  these  statements,"  replied  Mr.  Heney,  "you  may 
come  to  my  office  at  10  o'clock  tomorrow  morning,  when  you  will  be  afforded  an 
opportunity  to  testify  before  the  Grand  Jury.  I  shall  expect  you,"  he  added,  sig- 
nificantly, "to  bring  with  you  all  papers  and  documents  bearing  upon  the  subject, 
to  corroborate  any  testimony  you  may  offer  at  that  time." 

This  I  agreed  to  do,  and  bidding  him  good-day,  I  took  my  departure. 
Having  in  mind  his  injunction  to  bring  with  me  all  the  available  documentary 
evidence  in  my  possession,  I  immediately  telegraphed  to  my  home  at  Berkeley, 
Cal.,  requesting  that  my  private  account  book  be  sent  to  me  at  once.  On  the  morn- 
ing of  the  second  day  after  my  talk  with  Mr.  Heney,  the  book  in  question  arrived 
in  Portland.  In  the  meantime  I  had  arranged  with  him  to  defer  giving  my  testi- 
mony until  the  book  reached  me. 

Upon  being  ushered  into  the  Grand  Jury  room  by  Mr.  Heney,  the  latter 
announced  to  the  inquisitorial  body  that  S.  A.  D.  Puter  wished  to  present  evidence 
in  the  cases  of  F.  Pierce  Mays  and  United  States  Senator  John  H.  Mitchell. 

Whatever  my  thoughts  before  entering  that  room,  I  can  assure  my  readers 
that  after  glancing  about  me  and  examining  the  faces  of  those  present,  I  experi- 
enced a  feeling  of  awe.  Some  few  of  the  jurymen  I  was  acquainted  with  person- 
ally; others  I  had  seen,  while  the  majority  were  total  strangers  to  me.  I 
recognized,  however,  that  the  jury  was  composed  of  a  representative  class  of  men 
who,  in  all  truth,  were  endowed  with  more  than  ordinary  intelligence,  and  eminently 
capable  of  performing  their  duties  without  fear  or  favor  under  all  circumstances. 
The  more  I  studied  their  faces  the  more  confident  I  became,  until  I  felt  satisfied 
that  no  guiltless  person  need  fear  their  decision.  Their  equal  as  a  jury,  collectively 
speaking,  would  be  hard  to  find ;  their  superior  I  have  never  seen. 

After  being  sworn,  the  usual  form  of  oath  being  administered,  I  took  the 
witness  chair  and  was  asked  by  Mr.  Heney  to  state  my  name,  age.  residence  and 
occupation ;  how  long  I  had  lived  in  Oregon  and  dealt  in  timber  lands,  and  how 
long  I  had  known  Senator  Mitchell,  etc.  After  answering  these  and  other  prelim- 
inary questions,  the  Government  prosecutor  asked  if  I  had  ever  had  any  business 
transactions  with  Senator  Mitchell. 

"Yes,"  I  replied,  "I  have  had  several  such  transactions." 

Page   176 


iff! 

S<$l*<3ciijl 

i'SPatSl* 

^  r»  ^  -*•  Sr>  rr  ^ 


Mfil 


5 


• 


"Did  you,  Mr.  Puter,  have  any  business  dealings  with  the  Senator  prior  to 
1902?" 

"Yes,  sir,  I  did,"  was  my  reply.  I  thereupon  stated  the  nature  of  these 
relations. 

Mr.  Heney  then  asked  me  to  indicate  what  business,  if  any.  I  had  had  with 
the  Senator  during  1902. 

I  replied  that  I  had  employed  Senator  Mitchell  in  Washington,  D.  C..  as 
my  attorney,  for  the  purpose  of  expediting  the  patents  to  the  12  homestead  claims 
in  Township  11  S.,  Range  7  E.,  in  Linn  county.  Oregon,  involving  those  upon 
which  I  was  tried  and  convicted. 

In  response  to  Mr.  Heney 's  suggestion  that  I  explain  to  the  members  of 
the  Grand  Jury  all  about  the  method  of  acquiring  title  to  the  12  fraudulent  home- 
stead entries,  I  proceeded  to  give  a  detailed  account  of  how  the  lands  had  been 
located  through  McKinley  and  myself,  as  described  fully  in  a  preceding  chapter. 
I  explained  further  how  the  entries  had  been  suspended  by  the  General  Land 
Office  pending  an  investigation ;  how  I  had  bought  off  Special  Agent  Loomis,  of 
the  Oregon  City  District,  and  also  Captain  Ormsby,  Superintendent  of  the  Cascade 
Forest  Reserve,  both  of  whom  had  been  detailed  by  the  Land  Department  to 
investigate  the  character  of  the  homestead  claims ;  and  further,  how  I  had  person- 
ally gone  to  Washington  City  shortly  after  the  reports  of  the  Government  officials 
had  been  transmitted  to  headquarters,  and  how.  upon  my  arrival  there,  I  had 
employed  Senator  Mitchell  to  use  his  influence  with  Binger  Hermann,  Commis- 
sioner of  the  General  Land  Office,  to  secure  the  issuance  of  patents  without  further 
delay.  After  I  had  entered  into  a  careful  explanation  of  all  these  details  Mr. 
Heney  then  asked  me  this  question : 

"Mr.  Puter,  have  you  any  documents  in  your  possession  bearing  upon  the 
statements  you  have  just  made?" 

"Nothing."  I  replied,  "other  than  the  memorandum  book  in  which  I  keep 
my  private  accounts." 

"Have  you  got  that  book  with  you?''  he  asked.  I  replied  in  the  affirmative. 

He  then  requested  me  to  give  the  jurymen  a  detailed  statement  of  the 
transactions  recorded  therein. 

With  book  in  hand,  I  went  on  to  explain  how  I  had  furnished  all  funds 
necessary  to  cover  the  expense  of  locating  the  10  homesteaders  on  the  different 
claims,  and  how  two  of  the  entrymen  had  filed  on  two  claims  each.  This  trans- 
action took  place  in  December,  1900.  I  also  made  mention  of  expenses  incurred 
during  February  and  March.  1901,  in  taking  the  same  parties  back  to  Oregon  City 
and  Albany,  when  they  made  final  proofs;  date  of  transfer  by  deed  to  Emma  L. 
Watson,  showing  amounts  paid  to  each  entryman  ;  dates  and  amounts  paid  to  J.  A. 
W.  Heidecke  for  showing  Special  Agent  Loomis  and  Forest  Superintendent 
Ormsby  the  alleged  improvements  on  the  various  tracts :  dates  upon  which  Loomis 
received  the  sum  of  $1,000,  in  two  S500  payments:  date  that  $500  was  paid 
to  Merritt  Ormsby,  son  of  the  Forest  Superintendent,  for  the  benefit  of  his  father  : 
expense  account  of  my  trip  to  Washington  City  and  return,  together  with  the 
payment  of  $2000  bribe  money  to  Senator  Mitchell.  This  latter  entry  appeared 
in  the  book  as  a  payment  to  "Cap.,"  the  term  being  used  to  designate  the  point 
where  the  expense  was  incurred. 

After  relating  my  story,  one  of  the  jurymen  requested  permission  to  exam- 
ine the  book,  which  I  handed  him,  and  after  looking  it  over  carefully,  more 
particularly  with  reference  to  entries  on  that  certain  page  containing  all  transac- 
tions concerning  township  11-7,  he  passed  it  to  the  next  juryman,  and  in  that 
manner  the  book  went  the  rounds. 

I  was  then  subjected  to  a  cross-fire  of  questions  from  all  directions,  the 
jurymen,  if  anything,  being  as  deeply  interested  in  obtaining  the  bottom  facts  as 
Mr.  Heney  himself,  and  what  one  did  not  think  of,  another  would,  and  in  this 
way  they  drew  out  of  me  practically  everything  connected  with  the  fraudulent 
transactions. 

Page    178 


During  the  course  of  my  examination,  I  was  questioned  closely  relative 
to  my  motive  in  using  the  term  "Cap."  as  applicable  to  the  amount  paid  to  Senator 
Mitchell,  as  it  was  noted  that  I  had  written  the  names  out  in  full  wherever  they 
occurred  in  other  entries. 

As  a  reply  to  these  queries,  I  simply  stated  that  I  did  not  wish  to  take  any 
chances  of  doing  the  Senator  an  injustice  in  case  anything  should  ever  arise 
whereby  the  book  might  get  into  the  possession  of  someone  else.  In  other  words, 
I  had  no  desire  to  compromise  him  in  any  way  at  the  time  I  made  the  entry.  I 
admitted  that  greater  precaution  should  have  been  observed  by  me  in  connection 
with  other  names,  but  I  was  particularly  anxious  to  shield  Senator  Mitchell  as 
much  as  possible  on  account  of  the  position  he  occupied. 

In  order  that  my  readers  may  properly  understand  the  interest  displayed 
by  the  jurymen,  I  desire  to  state  that  my  recital  began  at  10  o'clock  in  the  morning 
and  was  not  concluded  until  after  11.  Notwithstanding  the  fact  that  I  had  finished, 
I  was  detained  in  the  jury  room  until  1 :45  P.  M.,  the  members  foregoing  their 
luncheons  for  the  time  being  in  their  eagerness  to  obtain  all  the  facts.  During 
this  time  I  was  questioned  closely  by  every  member  of  the  body. 

I  perceived  at  the  outset  that  Senator  Mitchell  had  many  personal  friends 
on  the  jury ;  men  who  would  gladly  have  stretched  a  point  in  his  favor,  had  cir- 
cumstances permitted ;  so  it  is  not  to  be  wondered  at  that  these  men  were  intent  on 
holding  me  there,  that  they  might,  by  some  possible  chance,  stem  the  tide  that 
was  fast  setting  against  their  old-time  political  idol.  The  evidence  was  all  too- 
convincing,  however,  and  it  was  not  very  long  before  the  most  pronounced 
adherent  of  the  distinguished  Oregon  statesman  was  willing  to  cry  quits. 

Some  days  later  I  was  called  upon  by  Mr.  Heney  to  appear  again  before 
the  Grand  Jury,  this  time  to  give  testimony  in  the  case  of  F.  Pierce  Mays.  My 
experience  upon  this  occasion  varied  materially  from  that  of  my  first  appearance, 
inasmuch  as  it  required  less  than  half  an  hour  to  convince  the  body  that  Mays  was 
a  fit  subject  for  indictment  on  the  charge  of  conspiracy  to  defraud  the  Government 
in  connection  with  the  24-1  deal. 

It  might  be  stated,  also,  that  Senator  Mitchell  was  later  on  granted  the 
privilege  of  appearing  before  the  Grand  Jury  in  his  own  behalf,  while  Mr.  Mays, 
although  making  an  urgent  request  to  be  accorded  a  similar  courtesy,  was  denied 
this  privilege,  it  being  discretionary  with  the  Grand  Jury  to  extend  it  or  not,  so 
the  presumption  is  that  all  the  members  were  desirous  of  affording  every  oppor- 
tunity for  the  Senator  to  clear  his  skirts  of  all  charges. 

After  Senator  Mitchell  had  concluded  his  testimony  before  the  Grand  Jury, 
he  started  immediately  upon  his  return  trip  to  Washington,  as  he  had  been  obliged 
to  leave  his  seat  in  the  United  States  Senate  in  order  to  appear  and  give  testimony 
in  his  own  behalf,  and  it  was  while  en  route  across  the  continent  that  the  news  of 
his  indictment  became  known.  It  reached  him  at  Spokane,  Wash.,  where  he  was 
interviewed  by  a  representative  of  the  Associated  Press,  and  through  which 
medium  his  expressions  were  heralded  all  over  the  country.  In  the  course  of  this 
interview  he  said : 

"I  never  saw  Puter  in  my  life  until  he  called  on  me  in  Washington  with  a 
letter  of  introduction  from  Franklin  P.  Mays,  a  friend  of  mine  in  Portland.  In 
helping  him  before  the  land  office,  I  did  what  I  had  done  for  a  thousand  citizens 
of  Oregon.  He  told  me  that  he  had  been  employed  by  Mrs.  Watson,  as  I  recall 
it  now,  to  look  into  her  matters  for  her.  Never  in  the  slightest  degree,  was  the 
matter  of  compensation  mentioned  between  Puter  and  myself. 

"I  am  as  innocent  as  a  babe  unborn  of  any  complicity  in  any  land  frauds  in 
Oregon  or  elsewhere,  and  if  it  is  true  that  an  indictment  has  been  returned  against 
me,  I  assert  in  the  most  positive  terms  that  it  must  be  based  upon  the  testimony 
of  self-confessed  and  convicted  land  thieves  and  perjurers,  who  have  been  offered 
immunity  in  case  they,  to  meet  the  vindictive  desire  of  Secretary  Hitchcock  and 
his  agents,  will,  by  their  testimony,  involve  me  and  others  in  the  frauds. 

Page    179 


"The  prosecuting  officer.  Francis  J.  Heney.  filled  the  newspapers  of  the 
United  States  with  press  dispatches  from  Portland  ten  days  before  the  Grand  Jury 
met,  to  the  effect  that  I  was  involved  in  land  frauds.  I  immediately  left  \Yashing- 
ton  for  Portland  to  answer  any  charges  made  against  me  before  the  Grand  Jury. 
and  I  wired  Heney  that  I  desired  the  privilege  of  going  before  the  Grand  Jury  to 
answer  any  charges  against  me. 

"On  my  arrival  in  Portland,  I  made  a  similar  request  of  the  foreman  of 
the  Grand  Jury.  I  was  told  by  Mr.  Heney  that  I  could  go  before  the  Grand  Jury. 
Upon  my  appearance  there,  I  was  told  by  Heney  that  no  evidence  had  been  submit- 
ted to  the  jury  against  me.  I  then  said  that  if  there  was  no  charge  against  me  to 
answer,  I  was  still  ready  to  submit  to  any  examination.  This  I  did  for  two  hours 
and  a  half,  and  answered  promptly  all  questions.  I  was  not  advised  as  to  what  the 
charge  against  me  was,  and  assured  the  jury  that  I  was  ready  and  willing  to 
answer  any  other  questions  which  either  Heney  or  any  member  of  the  jury  might 
wish  to  ask  me,  and  especially  did  I  desire  the  privilege  of  answering  any  charges 
that  might  be  made  against  me  by  any  witness. 

"Having  been  assured  that  no  such  evidence,  up  to  that  date,  had  been 
submitted,  I  then  remained  in  Portland,  and  for  four  days  after  that,  and  receiving 
no  word  from  either  Heney  or  the  Grand  Jury,  the  latter  being  in  session  all  the 
time,  I  left  Portland  last  evening  for  my  post  of  duty  in  \Yashington. 

"If  an  indictment  has  been  returned  against  me,  I  am  prepared  to  meet  it 
before  a  trial  jury  immediately,  and,  in  this  connection,  I  defy  the  prosecuting 
officer  to  produce  against  me  one  particle  of  evidence  worthy  of  a  moment's 
belief  which  in  any  manner  improperly  or  criminally  connects  me  with  any  land 
frauds,  or  with  any  confessed  criminals. 

"I  demand  a  trial  at  the  earliest  possible  moment,  and  I  will  return  to 
Portland  whenever  I  can  be  assured  by  the  prosecuting  officer  of  an  immediate 
trial. 

"I  denounce  this  prosecution  against  me  as  the  result  of  a  most  damnable 
and  cowardly  conspiracy  in  which  Secretary  Hitchcock  and  this  man  Heney  are 
the  chief  conspirators,  their  motive  being  partly  revenge  and  partly  politics. 

"This  man  Heney  is  a  California  Democrat,  who  is  trying  to  blacken  and 
destroy  the  character  of  leading  Oregon  Republicans.  That  there  has  been  land 
frauds  in  Oregon,  I  do  not  deny,  but  speaking  for  myself,  I  do  deny,  in  the  most 
positive  and  unqualified  manner,  that  I  have  been  in  any  wise,  either  directly  or 
indirectly,  connected  therewith,  or  received  any  benefit  therefrom." 

NOTE:  The  above  speaks  for  itself.  Senator  Mitchell,  however,  in  mak- 
ing this  statement,  evidently  had  in  mind  that  the  money  paid  by  me  was  handed 
him  in  t\\o  S1000  bills,  and  not  by  check  or  draft :  therefore  no  documentary  proof 
could  be  presented  in  evidence  against  him  by  me.  He  failed  to  reckon  on  his 
transactions  with  Fred  A.  Kribs  and  the  services  rendered  him,  for  all  of  which 
Kribs  settled  by  check,  and  which  cancelled  checks,  being  placed  in  evidence, 
together  with  an  abundance  of  other  evidence  submitted  at  the  trial,  resulted  in 
Senator  Mitchell's  subsequent  indictment  and  conviction. 


Senator  Mitchell  continued  on  his  way  to  Washington  City,  and  lost  no 
opportunity  to  denounce  and  villify  me  while  being  interviewed  en  route  by  Asso- 
ciated Press  representatives,  which  resulted  in  my  being  advertised  throughout 
the  United  States  as  the  defamer  of  his  character  and  the  one  responsible  for  his 
indictment. 

The  public,  in  the  meantime,  was  very  much  divided  as  to  the  guilt  or 
innocence  of  Senator  Mitchell,  some  contending  that  there  was  probable  cause 
for  the  indictment,  while  other?  were  very  positive  that  such  was  not  the  case ; 
that  Mitchell  was  a  man  of  established  character,  and  altogether  above  reproach, 
and  besides,  was  too  acute  as  a  lawyer  to  permit  himself  to  become  entangled  in 
a  shady  transaction  that  might  ultimately  mean  ruin. 

Page    180 


Portion  of  5, 000  acre  tract  of  timber  land  in  Tillamook  County,  Oregon 
sold  in  1898  for  $4  an  acre,  and  now  held  at  $100  per  acre 


And  so  the  matter  stood:  some  for  and  some  against  Mitchell,  with  the 
preponderance* of  public  sentiment  in  his  favor. 

The  opinion  of  the  general  public,  at  that  moment,  was  of  little  consequence 
to  me.  I  knew,  as  a  matter  of  fact,  that  Senator  Mitchell  was  guilty  as  charged, 
and  I  believed  that,  in  due  time,  every  statement  that  I  majje  before  the  Grand 
Jury  would  become  established,  and  eventually  appear  to  all  as  a  living  truth.  As 
time  rolled  on,  however,  it  was  evident  to  me  that  the  Senator  was  gaining  ground 
in  the  public  mind,  and  as  a  natural  consequence,  I  came  in  for  additional  con- 
demnation. This  condition  was  becoming  more  pronounced  daily,  and  finally, 
when  Senator  Mitchell  made  his  famous  speech  before  the  United  States  Senate,  at 
which  time,  as  is  wTell-known,  every  Senator  was  in  his  seat,  with  the  galleries 
crowded  to  their  utmost  capacity,  and  after  two  hours  of  impressive  defense  was 
applauded  to  the  echo,  it  was  plain  to  be  seen  that  I  stood  convicted,  in  the  estima- 
tion of  the  public,  of  trying  to  drag  the  distinguished  statesman's  name  into 
everlasting  mire. 

My  position  was  certainly  an  unenviable  one,  as  the  speech  of  Senator 
Mitchell  had  placed  me  in  contempt  of  some  of  my  old-time  friends,  as  well  as  in 
the  eyes  of  the  world  at  large. 

When  the  Oregon  State  Legislature,  which  was  then  in  session,  unani- 
mously adopted  resolutions  indorsing  Senator  Mitchell,  it  appeared,  for  the  time 
being,  that  the  last  nail  had  been  driven  into  my  coffin.  I  even  felt  considerable 
diffidence  about  appearing  upon  the  streets  of  Portland,  because  whenever  I  did 
I  was  sure  to  be  accosted  with  the  remark,  "What  did  you  mean,  Puter,  by  lying 
so  about  Senator  Mitchell  and  causing  his  indictment?"  while  others  were  equally 
as  severe  in  their  comments  concerning  my  action.  It  finally  came  to  pass  that 
well-known  acquaintances  would  go  disdainfully  by  me  without  even  the  slightest 
token  of  recognition,  as  if  shunning  contamination  with  one  so  vile  as  myself. 

As  an  illustration  of  the  idea.  I  append  herewith  extracts  from  the  Senator's 
speech,  which  occupied  two  hours  in  delivery,  together  with  the  full  text  of  the 
resolutions  of  confidence  adopted  by  the  Oregon  Legislature : 

ANSWER 

of 

SENATOR  JOHN  H.  MITCHELL, 
of  Oregon, 

to 
CHARGES  MADE  AGAINST  HIM. 


REMARKS  IN  THE  SENATE  OF  THE  UNITED  STATES, 
JANUARY  17,  1905. 


PERSONAL  EXPLANATION. 

MR.  MITCHELL :  Mr.  President.  I  arise  to  a  question  of  personal  privi- 
lege. 

The  PRESIDENT,  pro  tempore:  The  Chair  recognizes  the  Senator  from 
Oregon  for  that  purpose. 

MR.  MITCHELL:  Mr.  President  and  Senators:  Recent  events,  with 
which  you  are  all  familiar,  make  it  incumbent  upon  me  to  come  into  your  presence 
at  this  time  and  make  answer  to  charges  made  against  me  in  the  public  press  and 
by  a  Grand  Jury,  and  which  charges,  if  true,  unfit  me  to  occupy  this  seat  longer. 

The  charges,  as  spread  broadcast  through  the  public  press,  throughout  the 
length  and  breadth  of  the  United  States — and  this  is  in  substance  and  effect  the  in- 
dictment reported — are  to  the  effect  that  in  January.  1902.  in  the  State  of  Oregon, 
I  entered  into  a  conspiracy  with  Binger  Hermann,  the  Commissioner  of  the  General 
Land  Office,  and  with  one,  S.  A.  D.  Puter,  Horace  G.  McKinley,  D.  W.  Tarpley, 

Page   182 


Emma  L.  Watson,  Salmon  B.  Ormsby,  Clark  E.  Loomis,  William  H.  Davis,  and 
others,  to  defraud  the  United  States  out  of  a  portion  of  its  public  lands,  situated 
in  Township  11  South,  Range  7  East,  Willamette  Meridian,  in  the  State  of  Oregon, 
by  means  of  false  and  forged  applications,  affidavits  and  proofs  of  homested  en- 
tries and  settlement;  and  further,  it  is  charged,  that  in  furtherance  of  said  alleged 
conspiracy,  and  to  effect  the  objects  thereof,  said  S.  A.  D.  Puter  did,  on  the  9th 
day  of  March,  1902,  pay  and  deliver  to  me  the  sum  of  $2000,  in  money  of  the 
United  States,  the  same  being  paid  to  me,  as  asserted  by  Puter,  in  the  bills  of  the 
denomination  of  $1,000  each,  to  induce  me  to  use  my  influence  as  a  Senator  with 
the  said  Binger  Hermann,  Commissioner  of  the  General  Land  Office,  to  induce 
him,  as  such  Commissioner  of  the  General  Land  Office,  to  pass  to  patent  12  home- 
stead entries,  then  pending  before  the  General  Land  Office,  covering  lands  in  the 
State  of  Oregon,  and  each  and  all  of  which  entries,  it  is  alleged,  were  based  upon 
false  and  forged  homestead  applications,  affidavits,  and  proofs,  and  that  in  pursu- 
ance of  such  conspiracy,  it  is  alleged,  I  did  use  my  influence  with  said  Binger 
Hermann,  Commissioner  of  the  General  Land  Office,  to  induce  him  to  pass  to 
patent  said  12  homestead  entries,  knowing  they  were  fraudulent. 

These  are  the  charges  made  against  me,  and  which  I  am  called  upon  to 
answer.  My  answer  is  as  follows  : 

I  assert  in  the  most  positive  and  unqualified  manner,  that  each  and  every 
one  of  these  charges,  insofar  as  they  relate  to  or  involve  me,  are  absolutely, 
unqualifiedly  and  atrociously  false,  and  I  here  and  now  indignantly  and  defiantly 
denounce  their  authors,  and  each  and  every  one  of  them,  and  brand  them  publicly 
as  malicious  and  atrocious  liars. 

But  I  desire  to  be  more  specific,  and  therefore  I  further  deny,  in  terms  the 
most  absolute  and  unqualified  which  I  am  capable  of  using,  that  I  ever,  either  in 
the  month  of  January,  1902,  in  the  State  of  Oregon,  or  at  any  other  time  or  place, 
unlawfully  or  feloniously,  or  otherwise,  conspired  with  Binger  Hermann,  then 
Commissioner  of  the  General  Land  Office,  and  S.  A.  D.  Puter,  Horace  G. 
McKinley,  D.  W.  Tarpley,  Emma  L.  Watson,  Salmon  B.  Ormsby,  Clark  E. 
Loomis,  and  William  H.  Davis,  or  with  either  or  any  of  them,  or  with  any  other 
person  or  persons,  to  defraud  the  United  States  out  of  any  part  of  its  public  land, 
located  either  in  Township  11  South,  Range  7  East,  in  the  State  of  Oregon,  or  any 
other  public  lands  either  in  the  State  of  Oregon  or  elsewhere. 

I  assert  furthermore,  in  the  most  absolute  and  unqualified  manner  that  any 
and  all  statements  by  any  person  or  persons  to  the  effect  that  I  ever,  at  any  time  or 
place,  entered  into  a  conspiracy  with  all  or  any  of  said  persons,  or  they,  or  any  of 
them,  with  me,  to  defraud  the  United  States  out  of  any  part  of  its  public  lands  in 
the  State  of  Oregon  or  elsewhere,  either  by  false  or  forged  homestead  applications, 
affidavits,  or  proofs,  are  absolutely,  unqualifiedly,  and  atrociously  false,  and  I  defy 
my  defamers  and  challenge  them  to  produce  any  evidence,  other  than  that  of 
condemned  thieves,  forgers,  and  perjurers,  to  sustain  any  such  charges. 

I  further  deny,  in  the  most  absolute  and  unqualified  terms,  that  said  S.  A. 
D.  Puter  did,  either  in  the  City  of  Washington,  on  March  9,  1902,  or  at  any  other 
time  or  place,  offer  me,  or  pay  to,  or  give  me — nor  did  I  on  March  9,  1902,  in 
Washington,  D.  C.,  or  at  any  other  time  or  place,  accept  or  receive  from  S.  A.  D. 
Puter — the  sum  of  $2000  or  any  other  amount  whatever,  either  in  two  $1000  bills, 
or  any  other  denomination  or  amount  whatever,  as  an  inducement  to  use  my 
influence  with  Binger  Hermann,  then  Commissioner  of  the  General  Land  Office, 
to  induce  him  as  such  Commissioner  to  pass  to  patent  12  certain  homestead  entries, 
or  any  homestead  entries  whatever,  or  for  any  other  purpose. 

And  I  here  indignantly,  with  all  the  force  I  can  command,  denounce  the 
public  statement  of  S.  A.  D.  Puter,  that  he,  on  March  9,  1902,  at  Washington,  D. 
C.,  paid  me  $2000  in  two  $1000  bills,  as  wilfully,  maliciously,  unqualifiedly,  and 
atrociously  false,  and  I  denounce  the  said  S.  A.  D.  Puter — this  self-confessed  and 
duly  convicted  land  thief,  forger,  and  perjurer,  who,  with  his  associates,  facing 
the  penitentiary,  as  having  under  promise  of  leniency  or  clemency,  made  by  Francis 

Page    183 


Foothills  of  the  Big  Horn  Mountains  in  Wyoming,  located 
by  "dummies"  as  timber  land 

J.  Heney,  prosecuting  officer  representing  the  Government,  made  this  infamous 
and  atrociously  false  charge  against  me  for  the  purpose  and  with  the  expectation 
of  saving  himself  and  his  convicted  partners  in  crime  from  deserved  punishment. 


Verbatim  Copy  of  Resolutions  Adopted  by  the  Oregon  State  Legislature,  in  Ses- 
sion Wednesday,  February  8,  1905: 

WHEREAS,  A  rumor  has  been  circulated  to  the  effect  that  the  Legislature 

of  the  State  of  Oregon  intended  at  the  end  of  a  40  days'  session  to  adjourn  to  a 

day  certain  instead  of  adjourning  without  day,  and  that  such  action  was  to  be 

iken  on  account  of  want  of  confidence  in  the  Senior  Senator  from  the  State  of 

->n,  Hon.  John  H.  Mitchell. 

WHEREAS,   Said  rumor  was  wholly  without  foundation  therefor. 

WI  ERE  AS,  The  State  of  Oregon  is  under  a  lasting  debt  of  gratitude  to 
our  Senior  Senator  for  long  years  of  faithful,  honest  and  efficient  service. 

WHEREAS.  During  all  of  those  years  of  public  service  no  charge  has 
been  made  detrimental  to  the  personal  honor  or  integrity  of  the  Senior  Senator 
until  his  recent  indictment  by  the  Federal  Grand  Jury. 

WHEREAS,  This  Legislature,  believing  in  the  personal  honor  and  integ- 
ritv  of  our  Senior  Senator,  and  desiring  to  express  to  the  world  our  belief  in  his 
innocence, 

RESOLVED,  By  the  Senate,  the  House  concurring,  that  this  biennial  ses- 
sion adjourn  without  day  on  the  17th  of  February,  1905.  not  later  than  6  P.  M. 

RESOLVED,  That  we  declare  our  continued  faith  in  the  honesty,  honor 
and  integrity  of  our  Senior  Senator,  Hon.  John  H.  Mitchell,  and  that  we  at  this 
time  extend  to  him  a  vote  of  thanks  for  the  22  years  of  faithful  service  by  him 
••endered  to  our  State  and  Nation,  and  hereby  record  our  hope  and  belief  that  his 
0  _  ^  name  and  the  fair  name  of  our  State  will  be  cleared  from  any  charge  of  any 
nature  whatsoever. 

When  all  this  came  out,  it  appeared  to  me,  and  I  was  convinced  at  the  time, 
that  even  Prosecutor  Heney  himself  questioned  the  truth  of  my  statements;  and 

Page    184 


I  was  quite  sure,  beyond  the  question  of  doubt,  that  many  of  the  Grand  Jurors 
who  indicted  Senator  Mitchell  had  changed  their  minds  and  believed  they  had 
made  a  great  mistake,  and  one  for  which  they  could  never  atone. 

Never  a  day  passed  but  what  I  would  be  accosted  by  one  or  more  of  these 
men,  every  one  of  whom  was  of  the  opinion  that  a  great  wrong  had  been  done 
Senator  Mitchell,  and  they  were  not  backward  in  telling  me  that  I  would  make  a 
fine  subject  for  a  coat  of  tar  and  feathers  unless  I  could  substantiate  every  word 
of  my  statements  before  them.  In  other  words,  I  must  prove  my  case,  for  just  as 
sure  as  Senator  Mitchell  is  acquitted,  just  so  sure  shall  I  get  all  that  is  coming 
to  me. 

The  conditions,  as  presented  to  me  by  my  friends  and  the  public  at  large, 
were  assuming  a  very  serious  aspect.  I  knew  that  I  had  told  the  truth — the  whole 
truth,  in  fact — but  at  the  same  time  a  feeling  of  unrest  came  over  me,  and  I  feared 
for  the  outcome  of  Mitchell's  trial,  as  I  was  forced  to  believe,  because  of  the  tre- 
mendous influence  which  would  be  brought  to  bear,  and  of  public  opinion,  which 
was.  almost  unanimous  in  favor  of  the  Senator,  that  he  would  not  be  convicted 
upon  my  testimony. 

I  had  really  no  desire  to  cause  Senator  Mitchell's  downfall,  up  to  the  time 
of  his  denouncing  me  after  he  learned  of  my  conviction.  Before  that  date,  I 
entertained  only  the  most  kindly  feelings  towards  the  old  gentleman ;  but  he  had 
spoken  unadvisedly,  most  severely  and  with  apparent  intent  to  cause  me  additional 
worry  and  annoyance ;  and  now,  that  I  had  turned  against  him  in  a  spirit  of  retalia- 
tion, and  had  presented  the  evidence  which  I  knew,  of  my  own  certain  knowledge, 
to  be  true,  but  which,  because  of  the  condition  of  the  public  mind,  was  not  suffi- 
cient to  convict,  I  must,  of  necessity,  fortify  my  position  with  additional  proof, 
and  that,  too,  of  a  most  convincing  character,  else  I  must  retire  from  the  scene  in 
utter  contempt  of  all  mankind. 

The  one  thought  uppermost  in  my  mind  was,  how  am  I  to  produce  addi- 
tional evidence?  This  question  I  had  debated  with  myself  over  and  over  again. 
It  rose  up  before  me  constantly  like  Banquo's  ghost,  and  would  not  down.  It 
must  be  done — but  how  ?  Finally  a  thought  struck  me — the  Senator  had  accepted 
money  from  a  friend  of  mine,  the  latter  having  called  upon  him  at  my  suggestion, 
at  which  time  arrangements  were  entered  into  between  them  whereby  Senator 
Mitchell  was  to  receive  the  sum  of  $25  for  each  and  every  patent  expedited  by 
him. 

This  man  was  Frederick  A.  Kribs,  Pacific  Coast  representative  and  finan-/ 
cial  agent  of  C.  A.  Smith,  the  millionaire  lumberman  of  Minneapolis,  Minn. 

As  a  matter  of  fact,  I  was  familiar  with  Kribs'  method  of  doing  bush  _ss, 
and  was  aware  that  in  all  transactions  involving  the  use  of  money,  he  invariably 
made  his  payments  by  check  drawn  on  a  certain  local  banking  house  where  he 
kept  his  deposits.  It  only  remained  for  me  to  force  Kribs  into  a  position  where 
he  must  testify  as  to  his  relations  with  Senator  Mitchell,  in  which  testimony  he 
would  be  required  to  make  mention  of  all  moneys  paid  to  the  Senator  for  his 
services  as  indicated,  and  in  substantiation  of  his  statements  relative  to  such  pay- 
ments, must  produce  the  cancelled  checks,  which  bore  the  indorsement  of  Senator 
Mitchell  or  his  firm,  which  would  become  documentary  evidence  of  the  muVt 
convincing  nature. 

I  then  called  to  mind  a  certain  deal  I  had  with  C.  A.  Smith,  which  was 
consummated  through  his  agent  Kribs,  whereby  Smith  became  possessed  of  title 
to  33  quarter  sections  of  timber  lands  in  Township  14  South,  R.  3  and  4  East,  in 
Linn  county,  Oregon,  full  details  of  which  may  be  found  in  a  preceding  chapter. 

At  the  time  of  transfer  of  these  claims,  it  was  then  that  I  advised  Kribs  to 
tie  up  with  Senator  Mitchell  in  the  matter  of  having  the  patents  pulled  out,  which 
he  agreed  to  do.  Later,  when  I  called  upon  Mr.  Smith  in  Minneapolis  for  the 
purpose  of  effecting  a  settlement,  the  sum  of  $25  was  deducted  by  Smith  on  each 
and  every  claim,  and  when  I  asked  for  an  explanation,  he  stated  that  this  amount 
had  been  paid  to  Senator  Mitchell  by  his  agent  Kribs,  in  Portland,  Ore.,  for  his 

Page    185 


services  in  expediting  the  patents.  I  objected  at  the  time  to  standing  the  amount 
named,  as  I  did  not  consider  that  this  item  of  expense  should  be  charged  against 
me.  Smith,  however,  insisted  upon  my  bearing  the  whole  thing,  and  while  it  was 
a  hold-up,  pure  and  simple,  I  became  reconciled  to  it  upon  the  basis  that  he  was  a 
heavy  timber  land  operator,  and  inasmuch  as  I  expected  to_%do  further  business 
with  him.  the  opportunity  might  be  afforded  me  in  due  time  of  squaring  accounts 
in  some  way. 

After  reviewing  these  incidents  in  my  mind,  I  decided  to  adopt  some  process 
of  forcing  Kribs  to  produce  this  evidence,  thereby  vindicating  my  own  position 
before  the  public  as  much  as  possible. 

I  then  called  to  mind  the  gigantic  frauds  perpetrated  by  Kribs  in  the  matter 
of  acquiring  title  to  vast  tracts  of  land,  not  only  for  Smith,  but  for  other  Eastern 
capitalists  and  speculators  as  well,  in  all  of  which  operations  since  his  acquaintance 
with  Senator  Mitchell,  it  is  presumed  that  the  latter  received  his  $25  bonus  upon 
each  claim  patented  through  his  efforts  and  influence  as  a  United  Sates  Senator. 

Under  the  circumstances,  I  felt  that  there  must  be  some  way  of  forcing 
Kribs  into  the  open,  and  while  1  had  no  desire  to  besmirch  his  name  in  any  way. 
notwithstanding  the  fact  of  his  refusal  to  go  upon  my  bond,  or  of  his  desertion  in 
my  hour  of  need.  I  was  willing  to  forego  the  rebut  in  his  particular  case,  provided, 
however,  that  in  overlooking  him.  which  was  viewing  the  matter  from  a  purely 
friendly  standpoint,  I  would  not  be  driven  into  a  still  more  compromising  position 
myself.  I  found,  after  a  careful  canvass  of  the  situation,  a  plan  to  make  Kribs 
divulge  the  desired  information,  but  it  became  necessary  for  me  to  arrange  my 
plans  in  such  way  that  he  would  have  no  possible  chance  to  sidestep  me  at  the 
critical  moment.  In  other  words,  it  became  necessary  for  me  to  get  the  dope  on 
Kribs,  personally,  and  then,  through  promise  of  immunity  from  punishment, 
compel  him  to  give  up  on  Mitchell. 

In  order  to  accomplish  my  ends.  I  decided  that  it  would  be  necessary  for 
me  to  appear  before  the  Federal  Grand  Jury  again,  and  to  give  testimony  that 
would  warrant  indictments  being  returned  against  C.  A.  Smith,  as  well  as  Kribs. 

I  believed  this  within  my  power,  and  at  the  same  time,  I  considered  it  possi- 
ble, in  the  event  of  Kribs  telling  the  whole  truth  relative  to  his  dealings  with 
Senator  Mitchell,  that  I  could,  at  some  later  date,  bring  sufficient  influences  to  bear 
to  secure  the  quashing  of  these  indictments.  My  first  step,  therefore,  if  I  hoped 
to  accomplish  my  purpose,  was  to  call  upon  Special  Prosecutor  Hency  with  a  view 
of  feeling  his  pulse,  in  a  way.  Upon  eir.cring  his  office,  I  said: 

''Mr.  Heney,  during  the  course  of  your  argument  at  the  time  of  my  trial 
in  the  11-7  case,  you  remarked  that  there  was  no  man  too  big,  nor  were  there 
any  too  small,  to  escape  prosecution  by  you,  if  it  could  be  proven  that  he  was 
guilty  of  committing  fraud  against  the  Government,  and  further,  that  you  would 
prosecute  the  President  of  the  United  States  himself  if  the  crime  was  traced  to 
his  door.  Did  you  mean  that?" 

"I  certainly  did,"  responded  Mr.  Heney ;  "and  if  you  or  anybody  else  can 
produce  the  evidence,  I  am  ready  to  proceed." 

"Very  good."  said  I.  "I  know  of  a  man.  C.  A.  Smith,  of  Minneapolis, 
Minn.,  reputed  to  be  worth  millions,  who  has  defrauded  the  Government  out  of 
upwards  of  100,000  acres  of  timber  lands*  in  this  State  within  the  past  four  years. 
most  of  which  was  taken  up  under  the  Timber  and  Stone  Act  of  June  3,  1878,  by 
the  process  of  'dummies'  operated  through  his  agent,  Fred  A.  Kribs,  the  hired 
locators  being  furnished  the  cash  necessary  in  meeting  all  expenses  by  Smith  and 
Kribs,  and  being  under  contract  with  the  latter  prior  to  filing  whereby  they  were 
to  turn  over  their  claims  to  them  as  soon  as  they  got  title." 

"Just  furnish  me  with  a  list  of  names  of  these  entrymen,  together  with  a 
description  of  the  tracts,"  replied  Mr.  Heney,  "and  I  will  commence  proceedings 
immediately." 

I  thereupon  related  all  of  the  circumstances  connected  with  the  transfer 
of  the  33  claims  in  Township  14  South.  Ranges  3  and  4  East,  heretofore  described 

Page    186 


Clerk  J.  E.  Casey,  of  the  General  Land  Office,  an  important  witness 
for  the  Government  at  the  trial  and  conviction  of  Senator  Mitchell 

in  detail.  I  also  informed  Mr.  Heney  that  I  had  full  knowledge  concerning  be- 
tween 75  and  80  claims,  or  quarter  sections  of  160  acres  each,  located  in  Coos  and 
Douglas  counties,  Oregon,  which  were  acquired  by  Smith  in  a  similar  manner  to 
those  referred  to. 

He  was  very  much  interested,  and  desirous  of  learning  full  particulars. 
I  did  not,  of  course,  disclose  to  him  my  real  object  in  bringing  these  cases  to  the 
light  of  day,  which,  as  my  readers  may  surmise,  was  for  the  purpose  of  forcing 
Kribs  to  show  his  hand  in  order  to  strengthen  the  case  against  Senator  Mitchell. 

I  then  furnished  Mr.  Heney  with  a  complete  list  of  names  of  the  entrymen, 
together  with  full  descriptions  of  the  lands  involved,  after  which  he  wired  to  the 
General  Land  Office  at  Washington  for  all  final  proof  papers  and  other  documents 
pertaining  to  the  titles. 

Upon  their  receipt  at  his  office  in  Portland,  the  proof  papers  were  imme- 
diately turned  over  to  William  J.  Burns,  of  the  Government  Secret  Service,  with 
instructions  to  round  up  all  the  entrymen,  or  as  many  of  them  as  could  be  found, 
and  to  subpoena  them  to  appear  before  the  Federal  Grand  Jury  and  give  testimony. 

Burns  at  once  dispatched  his  army  of  assistants  to  all  parts  of  the  State, 
wherever  it  was  likely  one  or  more  of  the  entrymen  could  be  found,  the  majority 
of  them  being  unearthed  at  Sweet  Home,  a  remote  district  of  Linn  County,  Ore- 
gon, while  a  number  were  gathered  in  from  around  Roseburg. 

As  fast  as  they  were  served  with  subpoenaes,  their  future  movements  were 
carefully  watched  by  Secret  Service  men  from  the  very  moment  that  service  of 
subpoena  was  secured  until  their  arrival  in  Portland,  and  up  to  the  time  for  their 
appearance  before  Burns  and  making  their  affidavits.  These  precautionary  meas- 
ures developed  the  fact  that  some  25  or  30  of  the  entrymen,  who  had  been 
subpoenaed  from  Sweet  Home,  had  first  consulted  the  two  Mealey  Brothers  of 
that  place  previous  to  going  to  Portland,  their  object  being,  as  it  was  discovered 
afterwards,  to  apprise  the  Mealeys  of  the  situation  and  receive  instructions,  as  it 
will  be  remembered  that  it  was  through  the  Mealey  brothers  that  they  had  filed 
locations  in  the  interest  of  Smith. 


Page   187 


The  presumption  was,  when  the  Government  officers  became  cognizant  of 
what  was  going  on,  that  the  Mealeys  advised  the  entrymen  to  report  to  Fred. 
Kribs  in  Portland  before  appearing  before  Heney  and  Burns,  and  these  deductions 
proved  to  be  correct. 

It  was  also  ascertained  that  the  entrymen  from  Roseburg  first  called  upon 
John  Givens,  of  that  place,  who  was  acting  there  in  a  capacity  similar  to  the 
Mealeys  in  Sweet  Home — that  of  handy  man  for  Kribs.  who,  in  turn,  was  Smith's 
right  hand  bower  in  the  matter  of  the  fraudulent  acquisition  of  timber  lands. 

\Yhen  the  Sweet  Home  and  Roseburg  contingents  arrived  in  Portland,  they 
immediately  reported  to  Kribs  at  his  residence,  24th  and  Irving  streets,  as  was 
suspected  they  would  do,  each  remaining  in  consultation  with  him  from  one  to  two 
hours.  These  visits  usually  took  place  some  time  during  the  evening,  immediately 
preceding  the  day  they  were  expected  to  appear  before  Heney,  and  in  this 
way  they  were  known  to  have  gone  there  in  groups  of  from  one  to  six  at  a  time, 
and  in  some  instances  as  high  as  eight  or  more  were  entertained  by  Mr.  Kribs 
simultaneously. 

As  rapidly  as  they  appeared  at  Heney's  office,  they  were  turned  over  to  the 
tender  mercies  of  Detective  Burns,  who  would  proceed  in  a  good-natured  way  to 
draw  out  of  them  what  purported  to  be  the  facts  connected  with  their  location  of 
the  timber  claims.  This  svmpathetic  feeling  was  all  assumed  by  Burns,  however. 
for  the  purpose  of  leading  them  into  a  trap,  as  he  was  perfectly  aware  from  the 
very  beginning  that  they  were  making  false  affidavits,  and  it  will  be  shown  subse- 
quently how  their  own  statements  under  oath  were  used  as  a  leverage  to  force 
them  to  tell  the  truth. 

Burns  would  proceed  by  asking  them  to  state  their  name,  age,  residence 
and  occupation;  how  they  first  came  to  file  on  the  land:  if  it  was  through  their 
own  knowledge,  or  information  they  had  gained  from  some  other  source,  and  if 
the  latter  was  the  case,  by  whom  they  had  been  located.  He  would  then  ask  them 
if  they  had  entered  into  any  previous  contract  under  which  they  were  to  sell  the 
land  to  anybody  after  the  issuance  of  final  certificate ;  if  their  own  money  had  been 
used  in  making  payment,  and  if  not,  from  whom  the  money  was  obtained,  and  if, 
in  event  of  its  being  borrowed,  they  had  in  any  wise  incumbered  the  land ;  also, 
if  they  had  taken  the  land  up  expressly  for  their  own  use  and  benefit,  and  for  the 
use  and  benefit  of  no  other  person  or  persons  whomsoever. 

They  were  next  asked  if  they  still  retained  title  to  the  land,  and  if  not,  to 
whom  it  had  been  disposed  of.  and  for  what  consideration.  Also  if  they  had 
appeared  before  any  Special  Agent  of  the  General  Land  Office  after  making  final 
proof  for  the  purpose  of  making  affidavit  regarding  their  entry,  and  if  so,  before 
whom  they  had  appeared,  and  the  nature  of  such  affidavit. 

These  questions  being  asked,  and  the  answers  given,  were  each  in  turn 
taken  down  in  shorthand  by  Irvin  Rittenhouse,  Mr.  Heney's  private  secretary, 
and  were  later  reduced  to  typewritten  form.  In  the  meantime,  each  affiant  was 
directed  to  appear  again  later  in  the  day  for  the  purpose  of  subscribing  to  his 
affidavit,  and  being  sworn. 

L'pon  their  return,  Burns  \vould  hand  each  witness  his  statement,  with 
instructions  to  carefully  examine  same,  and  note  that  every  answer  therein  was 
true  and  correct,  as  it  would  become  necessary  for  all  to  be  sworn,  as  well  as  appear 
before  the  Grand  Jury  and  answer  these  questions  under  oath. 

Before  permitting  the  entrymen  to  attach  their  signatures  and  be  sworn, 
however,  Burns  would  invariably  read  them  the  law  relating  to  perjury,  and  the 
penalty  for  such  crime  as  prescribed  by  the  United  States  Statutes,  at  the  same 
time  cautioning  them  not  to  attach  their  signatures  unless  each  satement  was  abso- 
lutely true.  It  is  a  fitting  commentary  that  not  one  of  them  hesitated  in  the 
slightest  degree  to  attach  his  signature  to  what  he  knew  to  be  a  tissue  of  false- 
hoods. 

In  the  meantime.  Mr.  Heney  was  on  the  anxious  seat  for  results,  and  it 
was  plainly  apparent  that  he  was  disappointed  in  the  progress  being  made  by  Burns 

Page   188 


to  break  down  the  entrymen.  While  Burns  had  succeeded  in  obtaining  a  large 
number  of  affidavits,  Heney  was  convinced  that  the  evidence  thus  adduced  was  not 
of  sufficient  value  to  warrant  its  introduction  before  the  Grand  Jury,  if  there  was 
any  hope  of  securing  indictments. 

While  these  affidavits  were  being  taken,  I  was  in  an  adjoining  room,  and 
after  a  number  of  them  had  been  collected,  I  perceived,  in  reading  them  over,  that 
not  a  single  person  had  told  the  truth.  These  entrymen,  with  many  of  whom  I 
was  personally  acquainted,  had  no  knowledge  of  my  interest  in  the  matter,  little 
thinking  that  I  was  in  the  background  and  keeping  in  touch  with  all  they  had  said, 
and  everything  that  was  being  done.  Had  they  realized  the  real  situation,  knowing 
as  they  did  that  I  was  familiar  with  every  phase  of  the  fraudulent  character  of 
their  claims,  including  their  contract  to  convey  the  lands  to  Fred  Kribs  tor  the 
benefit  of  C.  A.  Smith,  perhaps  they  would  have  hesitated  somewhat  before  com- 
mitting such  rank  perjury. 

While  these  examinations  were  taking  place,  and  something  like  35  or  40  of 
the  entrymen  had  given  their  testimony  and  had  signed  the  false  affidavits,  I  hap- 
pened into  room  212,  at  the  Portland  Hotel,  where  Heney  had  his  office,  and  was 
handed  a  certain  statement  by  Mr.  Rittenhouse  which  he  had  just  completed 
writing,  but  which  had  not  yet  been  signed.  It  had  been  made  by  Allie  Houser,  a 
young  man  from  Roseburg. 

Upon  reading  this  statement,  I  informed  Burns,  who  was  present,  that  I 
desired  to  question  Houser  somewhat  after  he  had  attached  his  signature  to  the 
document  and  had  been  sworn  thereto.  Burns,  in  assenting  to  the  proposition, 
remarked  that  Houser  would  probably  be  in  to  sign  it  about  5  o'clock  that  evening. 

Promptly  upon  the  hour  young  Houser  appeared,  and  was  handed  his  state- 
ment by  Burns,  with  the  usual  injunction  to  peruse  it  carefully  before  signing,  so 
as  to  make  sure  that  it  was  strictly  true  and  correct.  I  had  not  been  introduced  to 
him,  so  he  had  no  idea  as  to  my  identity,  and,  as  I  occupied  my  time  by  pretending 
to  read  a  newspaper,  scarcely  any  attention  was  paid  to  me. 

After  reading  the  document,  the  young  man  pronounced  it  all  right,  declar- 
ing that  he  found  no  changes  to  make,  and  was  about  to  affix  his  signature 
when  Burns  addressed  him  in  this  fashion : 

"Mr.  Houser,  you  are  a  very  young  man,  and  before  signing  that  statement, 
I  feel  that  it  becomes  my  duty  to  caution  you  still  further.  You  must  bear  in  mind 
that  you  are  making  a  sworn  statement,  and  one  which,  if  found  to  be  false  in  any 
particular,  renders  you  liable  to  prosecution.  I  must  insist,  therefore,  that  you 
exercise  extreme  care,  and  make  no  statement  therein  that  is  not  absolutely 
correct.  Furthermore,  I  wish  to  state  that  you  will  be  required  to  appear  before 
the  United  States  Grand  Jury  and  give  testimony  to  that  body  under  oath  as  to  the 
truth  of  every  answer  you  have  made  to  the  questions  in  that  document  before 
you." 

The  young  man  put  on  a  bold  front,  and  expressed  a  willingness  to  sign  the 
paper  exactly  as  written,  remarking  that  every  word  contained  therein  was  true. 
He  thereupon  attached  his  signature,  and  he  had  no  sooner  done  so  than  Burns 
turned  to  me,  and  without  mentioning  my  name,  said  : 

"Have  you  anything  to  say  to  this  young  man  ?" 

"Anything  to  say?"  I  repeated ;  "well,  I  should  say  that  I  have !" 

Then  addressing  Mr.  Burns,  I  inquired  for  Mr.  Heney,  and  upon  being 
informed  that  he  was  in  the  next  room,  requested  his  presence. 

When  Mr.  Heney  came  in,  I  picked  up  the  affidavit  that  Houser  had  just 
signed,  and  remarked : 

"Mr.  Heney,  I  have  sat  here  and  witnessed  this  young  man  sign  his  state- 
ment, which,  as  it  stands  now,  is  his  sworn  affidavit.  I  was  present  when  Mr. 
Burns,  before  permitting  him  to  affix  his  signature,  cautioned  him  concerning  the 
consequences  if  it  was  found  that  he  had  committed  perjury,  and  I  listened  to  his 
declaration  to  the  effect  that  he  had  read  the  statement  carefully,  found  no  omis- 
sions or  mistakes,  and  that  it  was  absolutely  true." 

Page    189 


"Have  you  any  reason  for  believing  otherwise,  Mr.  Puter?"  inquired  the 
Government  prosecutor. 

"To  believe  otherwise?"  I  echoed.  "Why,  I  not  only  believe  it,  but  I  know 
as  a  positive  fact,  that  every  statement  contained  in  that  affidavit,  outside  of  the 
portion  relating  to  the  young  man's  name,  address  and  occupation,  is  an  absolute 
falsehood  from  beginning  to  end.  Not  one  word  of  it  is  tru£  It  appears  to  me, 
Mr.  Heney,"  I  continued,  "that  this  young  man  does  not  properly  understand  the 
nature  of  an  oath,  else  he  never  would  have  permitted  himself  to  sign  that  docu- 
ment. It  looks,  indeed,  that  he  is  determined  to  break  into  the  penitentiary,  where 
he  will  very  probably  land,  if  he  continues  to  insist  upon  the  truth  of  this  affidavit." 

Mr.  Heney,  remarking  that  he  would  like  to  explain  to  the  young  man 
the  penalty  for  making  a  false  oath,  picked  up  one  of  his  law  books,  and  read 
therefrom  the  statute  relating  to  the  crime  of  perjury,  the  extreme  penalty  for 
which  was  imprisonment  for  a  term  of  five  years.  After  Mr.  Heney  had  con- 
cluded, I  walked  up  to  Honser,  and  looking  turn  squarely  in  the  .id : 

"Young  man,  I  know  the  circumstances  surrounding  your  connection  with 
this  claim — I  know  all  about  it,  in  fact,  from  A  to  Z,  and  I  know,  as  I  have  just 
stated  to  Mr.  Heney,  that  when  yon  swore  to  it  before  Mr.  Burns,  yon  did  so 
knowing  that  it  was  false  from  beginning  to  end.  Now,  sir,  that  claim,  to  my 
certain  knowledge,  is  known  as  the  'Josephine  Jacobs  Claim,'  and  was  taken  up 
originally  by  her  through  me  something  over  three  years  ago.  Miss  Jacobs  made 
final  proof  and  sold  the  claim  to  Fred.  A  Kribs.  The  entry  was  later  suspended 
by  the  Commissioner  of  the  General  Land  Office,  for  die  reason  that,  upon  exam- 
ining the  papers,  it  was  discovered  that  she  was  under  die  age  of  21  years  when 
die  final  proof  was  made." 

-  ote : — It  might  be  stated,  incidentally,  that  at  die  time  of  making  her 
final  proof  on  dris  claim,  Miss  Jacobs  was  asked  by  die  Register  of  die  Roseburg 
Land  Office  if  she  was  of  age,  and  received  an  affirmative  answer,  she  being  under 
die  impression  diat  18  years  constituted  lawful  age.  Under  die  laws  governing 
die  acquisition  of  Government  lands,  however,  a  person  must  be  21  years  old  at 
die  date  of  entry.  Special  Agent  Loomis — of  11-7  notoriety — had  been  sent  to 
investigate  die  fraudulent  character  of  die  33  entries  embraced  in  die  Township  14 
SbntJh,  Ranges  3  and  4  East,  deal,  heretofore  referred  to,  and  while  securing  an 
affidavit:  from  Miss  Jacobs,  had  asked  her  to  state  her  age,  which  she  dien  declared 
was  20  years.  The  discrepancy  was  discovered  in  die  General  Land  Office,  and 
die  entry  was  suspended  according  Jacobs  being  allowed  60  days  in  which 

to  show  cause  why  her  entry  should  not  be  cancelled.) 

"You  will  perceive  now,"  I  continued,  "that  I  know  something  about  that 
claim  of  yours,  and  when  I  received  information  relative  to  its  cancellation,  I 
advised  Mr.  Kribs  of  die  situation,  and  requested  diat  he  get  someone  else  to  file 
on  die  land  immediately,  whereupon  he  informed  me  diat  his  locator,  John  Gi 
had  met  you  on  die  streets  of  Roseburg,  and  told  yon  diat  if  you  would  file  on  this 
particular  tract,  he  would  furnish  you  with  die  necessary  funds  with  which  to 
prove  up,  and  give  you  a  bonus  of  $100  for  your  right  as  soon  as  final  proof  was 
made.  You  acquiesced  in  tins  arrangement,  and  carried  out  your  portion  of  die 
agreement  to  die  letter.  I  know,  also,  Mr.  Houser,  diat  after  your  conversation 
with.  Givens  you  proceeded  at  once  to  die  Land  Office  up  stairs,  where  you  filed 
an  application  for  die  land  widtont  ever  having  seen  it,  although  you  made  oadi 
diat  yon  had  been  over  each  legal  subdivision  diereof . 

"On  account  of  die  interference  of  die  Josephine  Jacobs  claim,  which  had 
not  yet  been  cancelled,  your  application  was  rejected,  whereupon  I  secured  her 
relinquishment  and  forwarded  it  to  Givens,  who  filed  it  in  die  Land  Office  simul- 
taneously widi  your  application,  and  die  latter  was  dien  placed  on  file. 

"Givens  not  only  attended  to  advertising  your  notice  of  final  proof,  but 
also  furnished  die  witnesses  and  money  necessary  to  make  all  payments,  and 
everydiing  diat  you  did  in  connection  widi  die  matter  was  to  appear  before  die 
Register  of  die  Land  Office  and  make  oadi  dot  you  had  been  over  die  land ;  diat 


A  glimpse  of  the  High  Sierras,  from  an  elevation  of  8000  feet 

it  was  taken  up  for  your  own  use  and  benefit,  and  that  you  had  paid  for  it  with 
your  own  money,  knowing  at  the  time  that  you  had  perjured  yourself.  Imme- 
diately after  you  had  sworn  to  that  pack  of  lies  you  went  into  the  office  of  Frank 
E.  Alley,  adjoining,  and  there  executed  a  deed  to  the  land  in  favor  of  Frederick  A. 
Kribs,  without  inserting  any  date." 

During  the  time  I  was  relating  to  the  young  man,  in  the  presence  of  Heney 
and  Burns,  the  facts  connected  with  his  entry  as  I  knew  them  to  be,  I  could  see 
that  he  was  visibly  affected,  and  especially  so  at  the  close  of  the  recital,  when  his 
face  assumed  an  ashen  pallor,  and  his  whole  frame  trembled  like  an  aspen  leaf. 
For  a  time  he  was  unable  to  find  voice,  but  finally  managed  to  arise  from  his 
seat,  and  grasping  Burns  by  the  hands,  with  a  look  of  utter  despair,  begged  for 
mercy  in  the  most  piteous  manner  possible. 

"This  is  the  first  time  in  my  life  that  I  have  ever  sworn  to  a  lie,"  he  said, 
with  tears  trickling  down  his  cheeks;  "and  now,  what  am  I  to  do?  Oh,  my  poor 
wife,  with  her  two-days'-old  babe !  She  will  hear  of  this,  and  I  am  disgraced 
forever !" 

With  that  remark,  Mr.  Heney  and  myself,  being  of  a  common  mind  in  not 
wishing  to  add  to  the  humiliating  spectacle,  quietly  withdrew  to  an  adjoining  room, 
leaving  the  young  man  alone  with  Burns. 

Through  the  door  we  could  overhear  the  famous  detective  giving  Houser 
some  fatherly  advice,  assuring  him  that  all  he  wanted  was  the  truth,  but  this  he 
must  have  above  all  things.  Feeling  greatly  encouraged  by  Burns'  talk  with  him, 
the  young  man  made  a  complete  confession  of  his  entire  connection  with  the  case, 
along  the  lines  indicated  in  my  harangue  to  him,  and  after  signing  and  attesting 
his  amended  affidavit,  took  his  departure  with  the  air  of  one  from  whose  soul  the 
weight  of  a  great  sin  had  been  lifted. 

About  this  time  the  two  Mealey  brothers,  who  had  located  between  45  and 
50  entrymen  on  timber  claims  in  the  interest  of  Kribs,  paying  them  the  insignifi- 
can  sum  of  $50  each  for  their  rights,  put  in  an  appearance,  they  having  been 
subpoenaed  previously  to  appear  before  the  Federal  Grand  Jury  and  give  their 
testimony. 

These  two  men  proved  to  be  hard  nuts  to  crack,  as  they  refused  to  answer 
any  questions  that  might  involve  them,  or  give  Burns  any  satisfaction  whatever 
in  the  matter  of  signing  affidavits,  stating  that  they  preferred  to  give  their  evi- 
dence direct  to  the  Grand  Jury. 

Page    191 


As  they  had  been  trailed  from  the  time  of  service  of  subpoena,  it  was  ascer- 
tained that  they  were  in  frequent  conference  with  Kribs,  and  would  intercept 
every  Government  witness  that  had  been  summoned  from  the  Swreet  Home 
country  as  soon  as  he  reached  Portland,  and  coached  as  to  the  testimony  to  be 
given  before  Burns  and  the  Grand  Jury. 

This  they  had  continued  to  do  from  day  to  day.  but'-'as  they  were  being 
"shadowed"  constantly  by  Secret  Service  men,  who  had  reported  their  every 
movement,  no  concern  was  felt  on  this  account,  as  each  day,  because  of  their 
coarse  work  and  anxiety  to  aid  their  master,  only  served  to  entangle  them  more 
hopelessly  in  the  meshes  of  the  law. 

As  the  different  entrymen  appeared  and  made  their  affidavits  before  Burns, 
it  was  discovered  that  seven  out  of  a  party  of  eight  who  had  taken  up  claims  at 
the  instigation  of  the  Mealey  brothers,  had  made  false  oaths,  we  having  positive 
knowledge  that  they  were  stating  falsehoods.  A  typical  mountaineer  named 
Andy  Nicholls  was  the  last  of  this  bunch  to  show  up,  and  Burns  determined 
to  break  him  down  if  possible,  by  employing  the  same  tactics  used  in  the  case  of 
Allie  Houser. 

"Now,  Andy,"  said  the  celebrated  sleuth,  in  his  most  patronizing  tone  of 
voice,  at  the  same  time  slapping  Xicholls  familiarly  upon  the  back,  "I  want  you 
to  be  sure  and  tell  the  whole  truth  about  this  matter,  because  I  understand 
you  are  a  pretty  honest  fellow.'' 

"Yaas,"  drawled  Nicholls.  with  a  pleased  expression,  "that's  what  my  ole 
dad  told  me  jest  before  I  left  Sweet  Home.  *Xow.  Andy;  sez  he.  'Andy,  I  want 
yer  fer  ter  tell  the  truth  when  you  git  down  yander,  becoz  it  wud  break  yer 
poor  ole  mother's  heart  if  yew  said  anything  that  hain't  so,'  an'  hyer  I  am,  an'  if 
I  hain't  a  goin'  ter  tell  ye  the  truth  an'  nothin'  but  the  truth,  so  help  me  Bob,  yew 
kin  shoot  me  fer  a  mangy  coyote." 

"That's  good !"  responded  Burns,  gleefully,  at  the  same  time  striking  the 
quaint  mountaineer  for  a  quid  of  tobacco,  just  to  show  that  his  heart  was  in  the 
right  place,  and  giving  him  a  14-karat  nudge  in  the  short  ribs ;  "that's  the  right 
dope,  old  man  !  That's  something  like !  And  now,  let's  get  busy,  and  unload  this 
whole  cargo  of  sin  that  has  been  playing  hide-and-go-seek  with  your  conscience 
so  long!" 

Well,  Andy  sat  down,  and  with  one  of  his  long  legs  thrown  carelessly 
around  in  dangerous  proximity  to  a  costly  piece  of  statuary,  and  the  other  cocked 
up  on  Heney's  favorite  mahogany  center  table,  between  deluges  of  tobacco  spit 
on  Landlord  Bowers'  expensive  rugs,  proceeded  to  unlimber  one  of  the  choicest 
bits  of  romance  that  any  of  those  present  had  ever  heard.  It  wras  certainly  a 
peach,  and  wrhen  Private  Secretary  Irvin  Rittenhouse  had  finished  transcribing 
it  on  the  typewriter  Burns  seized  the  tongs  and  brought  the  statement  in  to  me. 

It  was  so  uproariously  funny  that  anybody  but  a  blind  man  could  see  that 
the  wily  Government  official  did  not  take  him  seriously. 

After  Burns  and  I  had  laughed  over  its  contents  until  there  was  danger 
of  an  apoplectic  fit,  and  I  had  pointed  out  certain  features  of  the  statement  that 
were  notoriously  false.  Burns  took  it  back  to  Andy,  and  laying  it  down  tenderly 
in  his  lap,  remarked : 

"I  always  heard  you  were  the  greatest  joker  in  Linn  County,  Andy,  but 
I  never  thought  you  would  try  and  play  any  of  your  pranks  on  your  Uncle 
Samuel,"  and  poking  the  uncouth  son  of  the  forest  in  the  ribs  for  about  the 
hundredth  time,  Burns  continued :  "I  never  saw  the  point  of  your  joke  until  I 
got  your  statement  in  the  next  room  and  compared  it  with  some  of  my  records, 
and  it  is  too  funny  for  anything.  Now,  go  on.  Andy,  and  don't  give  us  any  more 
of  your  nonsense !" 

"Yaas,"  replied  Andy,  still  smiling  and  hitting  imaginary  bullseyes  on  the 
carpet,  "I  jess  thought  as  how  I'd  kinder  fool  you  tins  right  smart  an'  find  out 
how  much  yew  knew  about  them  air  doin's !  Waal,  here  goes  now ;  no  more 
monkey  business  this  time  fer  sure !" 

Page   192 


A  typical  mountaineer  named  Andy  Nicholls 


He  thereupon  sat  down  again  and  dictated  a  second  statement  to  Ritten- 
house,  which,  while  it  possessed  a  certain  element  of  truth,  was  far  from  being 
a  recital  of  all  the  facts  as  I  knew  them  to  exist.  I  could  see  very  plainly  that 
it  was  not  the  intention  of  Nicholls  to  come  through  with  the  goods  unless  he 
were  forced  into  a  corner  where  there  was  no  escape  for  him  by  any  other  loop- 
hole; so  I  thereupon  requested  Burns  to  let  me  handle  him  for  a  while,  and  put 
him  through  the  preliminary  paces,  as  it  were. 

Taking  him  down  the  hallway,  I  lined  him  up  against  the  wall  and  pro- 
ceeded to  read  the  riot  act  to  him  in  great  shape,  with  the  result  that  when 
Nicholls  returned,  he  was  ready  to  cough  up  everything.  His  story,  as  embodied 
in  the  affidavit  which  he  afterwards  signed,  was  as  follows : 

"About  the  time  those  lands  were  being  taken  up  for  C.  A.  Smith,  through 
his  agent,  Fred  A.  Kribs,  of  Portland,  I  learned  that  the  Mealey  brothers  were 
paying  $50  each  for  persons  to  take  up  claims,  and  as  I  thought  that  I  couldn't 
make  money  any  easier  than  that,  I  called  on  the  Mealeys  and  asked  them  if  I 
could  get  in  on  a  claim,  and  if  so,  what  would  they  pay  me. 

"Jud  Mealey  told  me  that  he  expected  to  take  a  party  of  fellows  to  Oregon 
City  the  next  day  to  file  on  some  timber  claims,  and  if  I  wanted  to  go  along  I 
could  do  so ;  that  he  was  paying  the  expenses  of  the  trip  and  the  filing  fees,  and 
at  the  time  of  making  final  proof,  would  furnish  the  money  for  that  purpose 
also,  and  at  the  same  time  would  pay  me  a  bonus  of  $50  for  a  deed  to  the  claim. 
I  thought  that  would  be  all  right,  and  concluded  to  join  the  party,  and  the  next 
day  we  all  went  together  to  the  Oregon  City  Land  Office.  Those  in  the  party  be- 
sides myself  were  Farmer  Malone,  Thomas  Burgett,  Henry  R.  Slavens,  J.  Gilli- 
land.  George  W.  Slavens  and  O.  J.  Mealey. 

"At  Oregon  City  we  filed  on  the  claims,  the  descriptions  of  the  land  being 
given  us  prior  to  our  arrival  there  by  Jud  Mealey.  When  we  got  through  there, 
we  returned  to  Sweet  Home,  and  about  six  weeks  after  that,  the  date  set  for 
making  final  proof,  we  all  went  down  again  to  the  Oregon  City  Land  Office, 
and  Mealey  took  the  boys  down  under  the  big  bridge  and  handed  each  of  us  $410 
with  which  we  were  to  pay  for  the  land,  and  he  told  us  how  to  answer  the  ques- 
tions when  we  made  the  proof.  We  then  went  to  the  Land  Office  and  proved  up, 
paying  over  the  money  and  receiving  our  final  certificates,  after  which  we  pro- 
ceeded across  the  street  to  a  notary  public's  office,  where  we  signed  deeds  trans- 
ferring our  claims.  I  don't  know  who  we  signed  the  land  over  to,  but  as  Mealey 
had  told  us  it  was  for  Fred.  Kribs,  I  suppose  he  got  all  the  land. 

"After  this  we  returned  to  the  bridge  again,  and  after  handing  our  deeds 
and  final  receipts  over  to  Jud  Mealey,  he  gave  us  $50  apiece,  besides  enough 
money  to  take  us  home  on." 

When  Nicholls  had  concluded  his  narrative,  Burns  seemed  much  pleased 
as  he  believed  this  story  to  be  true,  and  expressed  the  opinion  that  Andy  would 
make  a  good  witness  for  the  Government,  and  in  appreciation  of  his  action  in 
divulging  the  whole  truth,  Burns  decided  to  appoint  Xicholls  as  an  assistant  in 
the  Secret  Service  Department,  realizing  that  he  would  be  a  valuable  man  in 
helping  to  round  up  a  number  of  the  Sweet  Home  locators,  who  had  eluded  the 
officers  in  the  first  instance,  and  taken  to  the  tall  timber. 

In  this  capacity  Andy  proved  to  be  of  exceptional  value  to  the  Govern- 
ment, as  he  had  been  born  and  reared  in  the  Sweet  Home  country  and  was 
thoroughly  familiar  with  every  nook  and  corner ;  hence  it  was  largely  due  to  his 
efforts  that  the  entire  bunch  was  finally  brought  into  camp. 

The  confessions  of  Allie  Houser.  of  Roseburg,  and  Andy  Nicholls,  of 
Sweet  Home,  soon  became  known,  which  fact  caused  general  consternation 
among  those  who  had  previously  appeared  and  made  false  affidavits.  On  top  of 
this  came  the  news  that  I,  too,  had  joined  forces  with  the  Government,  and  was 
lending  my  assistance  to  Burns  in  the  matter  of  securing  evidence,  so  those  who 
had  been  used  as  "dummies"  to  make  the  timber  entries  decided  that  the  jig  was 
up,  and  it  was  only  a  question  of  time  then  as  to  how  they  could  square  them- 

Page   194 


selves.  Especially  was  this  the  case  with  those  whom  I  had  personally  located 
on  claims  in  Township  14  South,  Ranges  3  and  4  East,  that  were  afterwards 
transferred  to  Kribs. 

These  men  lost  no  time  in  coming  to  me,  and  I  was  frank  to  inform  them 
of  the  stand  I  had  taken,  and  that  through  me  the  Government  agents  had  been 
made  familiar  with  all  the  facts  in  connection  with  the  entries,  and  the  subse- 
quent disposition  of  the  claims. 

They  then  asked  me  for  advice  as  to  the  best  way  out  of  their  predica- 
ment, and  I  recommended  that  they  see  Burns  without  delay  and  make  amends 
by  requesting  the  withdrawal  of  their  former  affidavits,  with  the  understanding 
that  they  would  substitute  those  which  they  would  be  willing  to  stand  by,  and 
which  would  contain  all  the  facts  as  they  knew  them  to  be. 

Some  of  the  more  conservative  among  them  took  a  logical  view  of  the  sit- 
uation, and  were  quite  willing  to  abide  by  my  recommendations,  while  the 
radical  and  more  obstinate  element  was  averse  to  taking  any  kind  of  advice,  and 
seemed  disposed  to  suffer  the  consequences  by  standing  pat.  When  it  was  made 
plain  to  them,  however,  that  all  their  movements  had  been  watched  ever  since 
their  coming  to  town,  and  that  the  Government  detectives  had  trailed  them  to 
Kribs'  house,  where  it  had  been  learned  through  members  of  their  own  party 
that  Kribs  had  induced  them  to  commit  perjury  in  dictating  the  answers  they 
should  give  when  they  appeared  before  Burns,  and  which  answers  they  knew 
to  be  false,  and  that  their  punishment  under  felony  charges  would  follow,  they 
began  to  wince,  and  'ere  long  were  willing,  to  the  last  man,  to  go  before  Burns 
and  follow  my  suggestions. 

The  Sweet  Home  contingent,  known  as  the  "Mealey  Gang,"  were  also  on 
edge,  and  skirmishing  about  for  points  of  vantage,  many  of  them  still  believing 
it  possible  to  make  good  on  their  original  affidavits.  Kribs  and  the  Mealey  broth- 
ers, of  course,  were  straining  every  nerve  to  buoy  these  men  up  and  to  hold  their 
confidence,  that  they  might  maintain  the  stand  taken. 

There  were  those  among  them,  however,  who  had  talked  and  advised  with 
their  old  pal  Andy  Nicholls,  and  through  him  had  learned  that  the  Secret  Service 
men  were  prepared  to  establish  a  case  against  every  one  in  the  bunch  who  had 
made  false  affidavit.  He  had  told  them  of  the  grilling  that  had  been  his  portion 
from  Burns  up  to  the  time  he  had  made  a  change  of  base,  and  told  the  truth,  after 
which  he  had  been  treated  with  every  kindly  consideration.  Andy,  of  course, 
advised  the  others  to  follow  his  example,  and  throw  themselves  upon  the  mercy  of 
the  Government.  It  was  their  only  salvation,  he  said,  and  in  his  opinion  they 
must  act  promptly,  else  they  would  awaken  to  a  realization  of  their  mistake  when 
it  was  too  late,  and  they  would  be  forced  to  take  the  consequences. 

Andy  was  right,  agreed  these  men.  Yes,  his  head  was  level,  and  they 
must  do  as  he  suggested  and  act  at  once.  But  what  of  their  ftld  comrades  who 
were  laboring  under  the  impression  that  to  stand  pat  was  their  only  hope,  and 
were  allowing  themselves  to  be  carried  away  by  Kribs  and  the  Mealey  boys  ? 
That  was  the  question,  and  the  thought  made  them  shudder.  They  hated  to 
entertain  the  idea  of  seeing  their  pals  convicted  and  carried  away  to  prison  cells 
merely  to  appease  the  avariciousness  of  the  agent  of  a  millionaire  lumberman 
and  a  couple  of  his  boss  locators.  It  would  never  do,  and  imbued  by  this  deter- 
mination, they  hunted  up  their  comrades,  and  in  as  forcible  terms  as  they  were 
capable  of  employing,  related  to  them  the  circumstances  of  Andy  Nicholls  having 
made  a  false  affidavit,  and  of  his  subsequent  withdrawal  of  the  same,  and  the 
substitution  of  one  containing  the  facts,  in  which  he  had  informed  the  Federal 
authorities  of  every  phase  of  the  transaction  in  which  they  had  all  been  impli- 
cated in  fraudulently  acquiring  the  claims  for  the  benefit  of  Kribs.  Then  they 
gave  notice  of  their  intention  to  appear  before  Burns  without  delay,  and  invited 
the  others  to  follow  suit,  as  with  this  additional  evidence  at  hand,  there  was  no 
possible  chance  of  escape  for  them  if  they  held  out  any  longer. 

Page   195 


This  conference  seemed  to  work  like  magic  on  the  minds  of  tlvse  present. 
They  dreaded  the  thought  of  turning  informants  and  leaving  the  Mealey  boys  in 
the  lurch,  and  besides,  they  reasoned,  it  would  work  a  frightful  hardship  on  Fred 
Krib-.  whom  they  had  all  promised  to  stand  by  only  a  few  evenings  before. 

But  of  their  own  scalps  they  must  be  mindful ;  there  were  wives  and  little 

ones  at  home  awaiting  their  return,  and  it  became  their  duty,  since  an  obligation 

me  sort  rested  upon  them,  to  think  and  act  only  with  a  view  of  protecting 

their  loved  ones.    Savage  as  they  were,  this  instinct  was  uppermost  in  their  minds. 

They  had  all  but  decided,  yet  hesitated  still  when  one  of  their  number 
whose  knowledge  of  the  poets  was  the  marvel  of  his  fellows,  quoting  from  the 
immortal  words  of  Shakespeare,  said:  "To  thine  own  self  be  true:  thou  canst 
not  then  be  false  to  any  man."  It  was  enough.  To  a  man  they  had  decided  to  act, 
and  in  this  particular  instance  the  little  army  of  entrymen  who  forged  their  way  to 
the  office  of  the  Government  prosecutor  required  no  leader.  Their  only  thought 
v.as  to  get  there  quickly  and  shake  the  burden  off  their  minds. 

In  this,  however,  the}-  were  doomed  to  meet  with  temporary  disappoint- 
ment, as  they  found,  upon  their  arrival,  that  they  had  been  preceded  by  a  still 
greater  throng,  which  had  taken  complete  possession  of  the  three  rooms  in  the 
Motel  Portland  that  were  used  by  Mr.  Heney  as  offk 

I  happened  to  be  there  when  they  commenced  to  arrive,  and  was  engaged 
in  conversation  with  Mr.  Heney  when  the  first  knock  for  admission  was  heard. 
It  was  rather  unexpected,  a-  to  time  and  numbers,  as  we  had  no  hope  of  their 
coming  in  until  later,  and  then  only  in  straggling  groups.  Xow,  however,  this 
avalanche  of  humanity  had  forced  itself  into  headquarters,  and  it  must  be  reck- 
oned with  in  the  calculations.  It  seemed  to  be  a  serious  question  of  determining 
the  rotation  in  which  they  came,  but  that  matter  was  finally  disposed  of  by  the 
establishment  of  a  long  line,  after  the  fashion  of  a  postoffice  row.  which  extended 
from  the  rooms  clear  down  the  hallways,  and  for  days  appeared  not  to  have 
diminished,  so  much  augmented  were  their  numbers  by  fresh  arrivals  from  time 
TO  time. 

It  was  a  different  story  that  each  of  them  told  on  this  occasion:  so  vastly 
different,  in  fact,  that  the  wonder  was  they  were  related  by  the  same  person-. 
Now  it  was  the  truth,  where  falsity  had  predominated,  and  step  by  step,  coil  after 
coil,  the  Government  prosecutor.-  unravelled  each  skein  of  the  iniquitous  deal 
that  was  to  place  its  stamp  upon  C.  A.  Smith  as  one  of  the  greatest  criminals 
that  ever  went  unwhipped  of  justice.  In  brief,  the  composite  affidavits  of  these 
men  developed  the  following  situation  : 

The  operations  had  been  carried  on  under  the  personal  direction  of  Kribs, 
who  was  acting  for  Smith,  in  two  different  land  districts,  embracing  several 
counties,  and  geographically  divided  by  many  miles.  Each  group  of  locators 
was  governed  by  one  or  more  trusted  lieutenarts.  John  Givens.  a  professional 
timber  cruiser,  acting  in  that  capacity  around  Roseburg.  in  Southern  Oregon, 
while  the  two  Mealey  brother-  performed  a  like  service  in  the  Sweet  Home 
region,  which  included  a  large  territory  in  the  west-central  portion  of  the  State. 

They  were  as  the  divisions  of  an  army  of  invasion,  and  the  looting  of 
the  public  domain  was  their  slogan  of  battle.  In  this  way  upwards  of  a  hundred 
thousand  acres  of  the  choicest  timber  lands  in  the  Northwest  was  acquired 
through  process  of  fraudulent  entry,  the  system  contemplating  the  payment  of 
a  trifling  sum  above  the  Government  price  of  $2.50  an  acre  to  the  entrymen  for 
his  right — $50  being  the  ruling  rate,  but  in  some  instances  as  low  as  $15  was 
all  that  the  poor,  unsophisticated  mountaineer,  to  whom  a  few  dollars  was  as  a 
fortune,  received  as  a  reward  f<  r  his  perjury. 

It  developed  also  that  the  Land  Department  at  Washington  had  become 
su-picious  of  the  character  of  these  entries,  coming  as  they  did  in  such  vast 
quantities  from  the  same  vicinities,  and  had  suspended  them  all  pending  inves- 
tigation ;  that  Special  Agent-  George  ]:.  Wilson  and  Edward  D.  Stratford  had 
been  designated  to  make  such  investigations:  that  about  this  time  each  entryman 

Page   196 


.-1  grvmp  of  Portland  mtwspap+r  men  «rA« 

reported  many  •/  flkr  Orr^» 

/a»</  /ra««/  trials 


had  been  advised  by  either  the  Meale\  -  ens  that  one  or  the  other  of  I 

mment  office*  :  call  upon  him  and  ask  him  to  sign  an  affidavit  indicat- 

lat  the  claims  had  been  taken  up  in  good  faith,  that  had  been  prepared  in 
and  that  it  would  be  all  right  for  him  to  do  so :  that  the  entryman  would 
be  a-  npensation  for  his  "trouble"  in  a  befitting  fnanner,  the  recom- 

pense ranging  from  SI 5  to  $30  in  each  case:  that  one  or  the  other  of  the  Special 

ilined.  and  would  lose  no  time  in  getting  down  to  bu^ 

on  the  affidavit  proposition,  asking  a  few  direct  question?,  of  a  cut-and-dried 
character,  and  then  have  the  entrymen  read  the  document  as  a  whole  and  sign  it 
acttjrttingry,  one  of  Kribs"  representatives  following  up  this  proceeding  by  paying 
the  stipulated  price :  that  after  they  had  been  subpoenaed  to  appear  before  the 
Grand  Jury,  Kribs'  representatives  had  induced  them  to  confer  with  the  latter  at 
his  residence  in  Portland  before  consulting  either  Heney  or  Burns,  these 
being  for  the  purpose  of  determining  the  character  of  the  evidence  they  should 
give;  that  upon  appearing  before  Heney  and  Burn?  they  had  executed  affidavits 
in  accordance  with  the  instruction-  :iem  by  Kribs,  and  now,  like  repentant 

sinners,  had  returned  to  make  amends  by  telling  the  truth. 

rapidly  as  these  entrymen  would  conclude  their  affidavits,  wherein  they 
would  detail  all  the  facts  in  connection  with  the  matter.  Burns  would  turn  them 
ewer  to  Francis  J.  Heney,  who  would  have  them  go  before  the  Grand  Jury  and 
relate  their  s:  instance  wx>uld  the  Government  prosecutor  accept 

their  statements  for  presentation  to  the  inquisitorial  body  until  they  had  met  the 
approval  of  Mr.  Burns. 

Finding  that  they  had  been  deserted  entirely,  the  two  Mealey  brothers 
who  had  already  been  on  the  carpet  several  times  before  Burns  in  an  unavailing 
effpai  to  extract  the  truth  from  them,  finally  yielded,  and  were  ready  to  become 
good  Indians,  But  thev  had  stood  out  too  long  to  suit  Burns,  and  having  exerted 
all  Ac  influence  within  their  power  to  hinder  the  wheels  of  justice,  the  famous 
Government  sleuth  was  in  no  mood  to  trest  with  them,  and,  although  Burns 
wanted  tbeir  testimony  badly  enough,  he  insisted  upon  a  compliance  with  certain 
tvfmXtitmti  before  he  would  permit  them  to  make  affidavits  at  all.  Even  after  they 
had  expressed  a  willingness  to  make  a  complete  confession  of  their  part  in  the 
fraudulent  transactions.  Burns  hesitated  to  take  them  into  camp,  until  they  had 
prostrated  themseh-es  on  their  marrow  bones  before  him  and  begged  for  mercy 
for  the  sake  of  their  wives  and  children,  and  pleading  to  be  given  an  opportunity 
to  reveal  their  entire  relationship  with  Kribs.  Their  humiliating  attitude  was 
enough  to  soften  a  heart  of  stone,  and  it  had  the  effect  of  causing  Burns  to  re- 
lent, and  take  their  affida\  ubstance  of  which  the  Mealey  s  reiterated  before 
Ac  Grand  Jury  at  the  proper  time. 

From  the  moment  of  Allie  Houser's  confession  down  to  the  period  when 
the  Mealeys  surrendered,  there  were  anxious  faces  around  Government  head- 
quarters, but  now  everything  looked  Hke  plain  sailing,  and  the  despondent  counte- 
nances of  the  week  before  had  given  way  to  a  feeling  of  supreme  exuberance.  But 
the  coast  wa?  not  clear  yet,  by  any  means :  the  wrork  was  still  in  an  unfinished 
state,  because  Fred.  A.  Kribf.  age-  Smith,  the  king-pin  of  the  lot.  was 

yet  outside  the  fold.  The  case  needed  the  fine  veneering  of  his  co-operation  to 
add  polish  to  it  all. 

"V\~hen  the  subject  was  under  «;.  at  Government  headquarters  as 

to  the  most  available  method  of  corralling  Kribs.  I  had  occasion  to  meet  him  one 
day  on  the  streets  of  Portland.  And  what  a  fall  was  there,  my  countrymen! 
Poor  Kribs  looked  the  picture  of  despair.  From  the  joyous,  hail-fellow-well-met 
of  such  a  short  time  before,  he  had  changed  so  that  I  was  hardly  able  to  recognize 
him.  and  I  was  almost  on  the  point  of  passing  him  by  a?  some  waif  of  humanity 
who  had  seen  better  da 

Methought.  a?  I  stood  upon  the  street  corner,  facing  this  warrior  of  by- 
gone days — this  relic  of  a  has-been  period — that  I  could  hear  him  muse,  in  plain- 
'Omething  like  this: 


-When,  oh  when,  do  I  need  JOB— 

"."--:-     -   i   :'- -----  -  '-'  -'.  --.  :-.    — 

When  is  a  friend;  a  friendr 


Poor  fellow!    He  certanwj 

abject  nitsfij-    I  knew,  of  course,  dat 
__.         _ _  . _ . ^   _     _     -      .  - ,  _  _      _ _  _    _ 

t- 

dot  to  remain  dwe 
as  I  was  on  die  point  of 
Fred,  if  I  can  do 

-Db  for 
what  can  be  done." 

-WeUT  I  rep&ed. 
what  JOB  have  done  to  d 
I  can  be  of  so 

"Up  to  dK  tin 
etiept,  of  <  i  nn  ST.  to 
fanned  widi  a  nmoer  of 
to  offer,  until  I  hv 


Ae 

that  yon  lock  voorseli 
•here  JOB  wiB  be 


: 

fact.    Get  awar  £ 

ovu  hi  dK  pinacT  of  jonr  own  mind,  for 
prescribe  die  ranedr.    Yoa  can  dodns.  Knhs:  I 
jonnnEtdokr 
-Bnt  what  is  k  I  mnst  dor 
-     : 


Kribs, 

-\\~hat  others?" 
•The  ofikak  of  dK  Rcsefaor^ 
pankuUiK  dK  biter.    YOB 

:   :  M:     ~  ;;    :    * 
von  paid 

.  - 

oe  accoBBRsa  lor  mf  von.  n  JOB 

BBjii.  nnposabfe  ior  BK  to  do  iu^ 


fBl  Of 

fc>  a  pass.  TOB 
-These 
HoBser  aad  Xichols 

:_  :  -:i-.-^ 

-v:         ;     - 


in  their  amended  affidavits  they  not  only  told  all  they  knew  about  the  land  frauds 
but  also  implicated  you  in  the  efforts  to  induce  them  to  perjure  themselves. 

"Even  the  Mealey  boys,  who  worked  for  you  for  years,  came  right  in  and 
stated  under  oath  that  they  had  cautioned  the  entrymen  not  to  see  the  Govern- 
ment representatives  until  they  had  first  consulted  you,  and  .they  related  all  the 
facts  with  respect  to  their  visits  to  your  office  and  residence,  \v^iere  all  hands  were 
being  coached  as  to  their  testimony. 

"It  is  really  a  very  serious  matter,  Kribs,  for  these  men  are  now  giving 
their  evidence  to  the  Grand  Jury,  and  it  will  surely  result  in  an  indictment  being 
returned  against  you,  and  heaven  only  knows  how  many  counts  they  may  be 
able  to  find — probably  over  one  hundred,  and  conviction  being  certain,  your  years 
in  prison  may  be  measured  with  those  of  your  natural  existence. 

"Just  think  of  that,  Fred.,  and  ask  yourself  the  question :  What  will  your 
millionaire  friends  do  for  you  then  ?  What  will  Mitchell  do?  You,  as  a  convicted 
criminal,  will  not  be  worthy  of  their  consideration.  Besides,  Mitchell,  with  one- 
half,  or  more,  of  the  State  of  Oregon  back  of  him,  together  with  his  influential 
political  friends  elsewhere,  is  plenty  able  to  take  care  of  himself. 

"One  thing  is  certain ;  he  will  have  no  thought  for  you  in  your  trouble. 
He  had  none  for  me,  nor  did  anyone  else.  What  better,  might  I  ask,  are  you  than 
I?  Just  wait  until  you  are  convicted,  Kribs,  and  the  same  old  cell  will  answer  fcr 
us  both!  You  may  yet  have  time  to  save  yourself — take  advantage  of  it  while 
you  can  '" 

Kribs  hesitated  to  reply.  I  questioned,  indeed,  that  he  could  speak.  His 
reputation  was  at  stake,  as  was  also  those  of  his  friends — and  his  beloved  lands; 
what  of  them  ?  They,  too,  might  be  lost  to  him.  In  this  position  he  reminded  me 
of  a  Polar  bear  I  once  heard  about  that  was  floating  around  in  an  Arctic  sea  on 
the  back  of  a  dead  walrus.  If  he  ate  the  walrus  he  would  drown,  and  if  he  didn't 
he  would  starve  to  death. 

His  vast,  ill-gotten  domain,  though,  concentrated  his  thoughts  to  the  exclu- 
sion of  everything  else.  Of  this  he  was  evidently  thinking,  for  when  he  address- 
ed me  again,  it  was  to  ask  if  there  was  any  likelihood  of  the  Government  cancell- 
ing his  claims. 

"Claims,  be  d — d !"  I  retorted.  "Forget  it !  I  have  tried  to  impress  upon 
your  mind  the  necessity  of  your  first  thought  being  of  yourself.  What  for  one 
claim,  or  a  thousand,  as  against  your  freedom?  As  to  the  claims,  the  case  at  issue 
has  nothing  whatever  to  do  with  such  trifles.  I  have  no  doubt,  however,  that  Mr. 
Heney  will  ask  the  Government  to  cancel  the  patents  to  every  one  of  those  bogus 
entries,  but  that  is  a  subject  for  future  consideration,  and  when  the  proper  time 
comes,  you  will  be  afforded  ample  opportunity  for  defending  the  title  of  C.  A. 
Smith  to  them.  If  you  desire  to  speak  personally  to  Mr.  Heney  about  them,  I 
will  endeavor  to  arrange  a  meeting,  but  first  of  all,  I  would  advise  you  to  square 
yourself  in  the  matter  now  pending." 

"Do  you  think,  Steve,"  he  replied,  "that  I  had  better  see  Mr.  Heney  myself, 
or  would  it  be  best  for  you  to  speak  to  him  first  for  me?" 

"Go  to  him  direct,  I  would  suggest,  but  if  you  wish,  I  will  do  so  first  and 
pave  the  way.  You  know  I  stand  ready  to  do  anything  in  my  power  for  you," 
I  assured  Kribs. 

"Very  well,  then — you  see  him  first.  Find  out,  as  near  as  you  can,  just 
how  matters  stand.  Then  let  me  know,  and  I  will  call  upon  him  personally," 
was  Kribs'  parting  suggestion. 

Calling  upon  Mr.  Heney  at  his  room  in  the  hotel,  I  informed  him  of  my 
conversation  with  Kribs :  how  I  had  met  him  on  the  street,  and  his  disposition 
when  I  first  talked  with  him  relative  to  turning  informant,  together  with  my 
advice  as  to  what  he  should  do,  and  finally,  how  Kribs  had  asked  me  to  sound 
Heney  with  a  view  of  reaching  some  amicable  arrangement  whereby  Kribs  might 
be  permitted  to  come  to  headquarters  and  have  a  personal  talk  in  regard  to  his 
case. 

Page    200 


"What  am  I  to  expect  in  the  nature  of  testimony  from  this  man  Kribs?" 
inquired  Mr.  Heney ;  ''and  furthermore,  what  does  he  look  for  in  return  ?" 

"Mr.  Heney,"  I  answered,  "I  have  something  which  I  desire  to  tell  you  at 
this  time  which  I  have  held  back,  for  the  simple  reason  that  I  did  not  know, 
when  I  first  resolved  to  attempt  this  plan,  whether  or  not  I  ^yould  be  successful. 
I  believe  now,  however,  that  with  your  co-operation,  I  will  be  enabled  to  perfect 
these  plans  to  our  mutual  benefit,  and  by  so  doing,  you  will  be  placed  in  a  position 
wherein  no  possible  doubt  can  exist  as  to  the  conviction  of  Senator  Mitchell,  and 
at  the  same  time,  I  shall  have  vindicated  myself  in  the  minds  of  the  public,  in 
that  every  statement  previously  made  and  sworn  to  by  me  before  the  United 
States  Grand  jury  will  be  corroborated,  and  the  truth  of  which  I  have  every 
reason  to  believe,  has  heretofore  been  questioned." 

"Do  you  believe,  then,  that  you  will  be  able  to  substantiate  your  testimony 
through  Kribs?"  asked  Mr.  Heney. 

"Not  exactly  my  testimony — I  had  no  idea  of  substantiating  that,  but  I 
did  think  that  if  Kribs  can  be  induced  to  divulge  all  he  knows,  it  will  be  product- 
ive of  additional  weight,  and  insure  the  conviction  of  Mitchell." 

"Do  you  know  that  Kribs  is  in  possession  of  evidence  sufficient  to  convict?" 

"There  is  no  question  of  that  in  my  mind." 

"How  long  have  you  believed  this?" 

"I  had  never  given  the  subject  any  thought  until  my  friends,  after  Senator 
Mitchell  delivered  his  noted  speech  in  the  United  States  Senate  denouncing  me, 
and  the  Oregon  State  Legislature  had  passed  resolutions  indorsing  Mitchell,  asked 
me  if  I  had  not  made  a  mistake.  It  was  claimed,  as  you  know,  that  my  testimony 
resulted  in  the  indictment  of  Senator  Mitchell,  and  many  there  were  who  were 
under  the  impression  I  had  deliberately  and  wilfully  lied  about  the  man,  with 
the  result  that  even  my  personal  acquaintances  passed  me  up  with  contemptuous 
glances.  I  was  made  to  look  like  thirty  cents,  and  was  determined  to  prove, 
however  difficult  the  task,  that  I  knew  what  I  was  talking  about,  and  that  I  had 
not  misrepresented  the  facts." 

"But  how  did  you  come  to  connect  Kribs  with  this  matter?" 

"Well,  Kribs,  as  you  know,  has  acted  as  agent  icr  C.  A.  Smith,  of  Minne- 
apolis, Minn.  He  pays  everything  by  check,  and  I  know  this.  I  also  am  aware 
that  Senator  Mitchell  is,  and  has  been  for  some  years  past,  on  Mr.  Kribs'  payroll. 
Kribs  is  very  methodical  in  his  business  transactions,  and  being  so,  undoubtedly 
still  retains  his  old  cancelled  checks  and  also  the  stubs  of 'his  check  books.  I 
thought,  therefore,  to  put  Mr.  Kribs  in  a  hole,  and  force  him  to  give  up  what  he 
knew  about  Senator  Mitchell,  through  promise  of  immunity  from  prosecution. 
It  is  now  up  to  you,  Mr.  Heney,  and  I  am  here  to  plead  in  his  behalf,  provided 
I  can  induce  him  to  inform  on  Senator  Mitchell,  thereby  making  of  himself  a 
good  witness  for  the  Government,  and  at  the  same  time,  square  me  in  the  eyes 
of  the  public." 

"Are  you  sure  that  Kribs  will  tell  all  he  knows  ?" 

"That  I  am  not  in  a  position  to  guarantee,  but  I  believe,  because  of  the 
corner  in  which  he  has  been  placed  through  the  testimony  of  the  witnesses  who 
appeared  recently  before  Mr.  Burns,  that  he  can  be  brought  to  seeing  the  error 
of  his  adopting  any  other  course." 

"You  may  bring  Mr.  Kribs  up  and  introduce  him  to  Mr.  Burns,"  said  the 
Government  prosecutor,  and  the  interview  was  brought  to  a  close. 

I  went  direct  from  Mr.  Heney 's  office  to  that  of  Kribs,  and  informed  him 
that  I  had  talked  with  Mr.  Heney  and  believed  that  everything  looked  favorable, 
provided,  of  course,  that  he  would  decide  to  tell  everything  he  knew,  and  further, 
that  he  would  be  required  to  substantiate  his  every  material  statement  through 
the  production  of  documentary  evidence. 

When  I  called  upon  Mr.  Kribs,  I  found  him  busily  engaged  at  his  desk, 
and  when  I  enumerated  the  conditions,  he  became  engrossed  in  deep  study  for 
the  moment,  and  seemed  to  appreciate  the  fact  that  he  had  no  other  recourse 

Page    202 


than  to  accept  the  terms,  however  hard,  but  held  back  to  the  last  when  it  came 
to  discussing  the  documentary  evidence  proposition.  In  fact,  he  had  no  inclina- 
tion to  talk  on  that  subject  at  all,  consequently  I  did  not  insist,  believing  that 
Mr.  Burns  would  reach  that  part  of  it  in  his  own  good  way  and  at  the  proper 
time,  so  I  suggested  to  Mr.  Kribs  that  we  go  up  to  Mr.  Heney's  office,  and  this 
he  consented  to  do. 

Arriving  there,  I  introduced  Kribs  to  Burns,  who  took  him  in  hand,  and 
succeeded  in  forcing  an  admission  from  him  that  the  claims  in  Township  14  South, 
Ranges  3  and  4  East,  Linn  County,  Oregon,  besides  certain  claims  in  Douglas 
county,  had  been  taken  up  for  the  benefit  of  C.  A.  Smith,  of  Minneapolis,  Minn., 
through  the  Mealey  brothers,  of  Sweet  Home,  John  Givens  and  others  of  Rose- 
burg,  and  S.  A.  D.  Puter,  who  had  located  the  entrymen  on  the  lands. 

At  this  juncture  Kribs  undertook  to  argue  with  Burns  that  everything 
was  regular,  and  he  could  not  understand  wherein  there  were  sufficient  grounds 
to  warrant  an  investigation  of  the  claims  in  question. 

Kribs  admitted  further  that  he  was  on  very  friendly  terms  with  J.  T. 
Bridges  and  James  Henry  Booth,  the  Register  and  Receiver,  respectively,  of  the 
Roseburg  Land  Office;  also,  that  the  law  firm  of  Mitchell  &  Tanner,  of  Portland, 
had  represented  him  before  the  Land  Department  at  Washington  in  the  matter 
of  expediting  patents.  Burns,  realizing  fully  that  enough  had  been  extracted 
from  Kribs  as  a  starter,  under  pretext  of  having  a  very  pressing  engagement, 
asked  to  be  excused,  and  upon  showing  Kribs  the  door,  invited  him  to  call  again. 

After  the  departure  of  Kribs,  I  sought  Burns'  presence,  and  was  informed 
of  what  had  transpired.  He  was  of  the  opinion  that  it  would  not  be  policy  to 
press  Kribs  too  hard,  as  he  seemed  to  be  a  gentleman  who  was  very  much  attached 
to  his  friends,  and  would  undoubtedly  go  to  any  limit  in  protecting  them,  espe- 
cially where  C.  A.  Smith  was  concerned,  as  well  as  Senator. Mitchell,  for  both  of 
whom  he  appeared  to  entertain  the  highest  regard.  In  concluding  our  interview, 
Burns  suggested  that  I  call  at  Kribs'  office  again  upon  a  missionary  errand. 

When  I  did  so,  Kribs  expressed  himself  as  very  glad  to  see  me,  as  he  was 
greatly  in  need  of  advice,  and  believed  that  I  could  put  him  on  the  right  track. 
He  told  me,  of  course,  all  about  his  conversation  with  Burns,  and  how  the  latter 
had  pressed  him  for  information  concerning  the  Smith  deals. 

"Now,  you  know,  Steve,"  continued  Kribs,  "that  I  cannot  give  up  on 
Smith,  so  how  am  I  to  protect  him  ?  Burns  insists  that  I  must  make  out  a 
written  statement  of  the  facts  and  present  it  to  him  at  the  earliest  possible 
moment,  which  I  promised  to  do,  but  I  must,  in  some  way,  get  around  the  Smith 
transactions." 

When  I  saw  that  Kribs  was  determined  to  shield  Smith,  the  thought 
occurred  to  me  that  my  opportunity  had  arrived  for  squaring  up  an  old  account, 
so  I  replied: 

"Now,  look  here,  Kribs ;  so  far  as  you  are  concerned,  it  appears  as  if  you 
must  tell  everything  in  order  to  be  on  the  safe  side  yourself,  but  I  will  agree  with 
you,  that,  in  the  event  of  your  testifying  to  everything  you  know  relative  to  the 
cases  at  issue,  and  which  are  now  under  consideration  by  the  Secret  Service 
Department  and  being  investigated  by  Mr.  Heney,  to  use  whatever  influence  I 
possess  in  behalf  of  both  Smith  and  yourself,  to  the  end  that  you  be  absolved 
from  criminal  prosecution,  provided,  however,  that  in  return  you  exercise  your 
powers  upon  Smith  and  induce  him  to  settle  with  me.  You  know  very  well, 
Fred,  that  Smith  has  treated  me  shamefully,  and  has  steadfastly  refused  to  return 
me  tlie  $10,467 .45  which  1  advanced  to  secure  those  Humboldt  county  lands  for 
him,  to  say  nothing  about  his  holding  back  between  $17,000  and  $18,000,  due 
me  as  commissions  in  that  same  transaction.  The  commissions,  of  course,  I  do 
not  care  so  much  about,  but  when  it  came  to  my  own  money,  and  more  than 
$10,1)00  at  that,  he  had  no  right  to  try  and  beat  me  out  of  it,  and  it  will.be  neces- 
sary, if  he  ever  expects  any  favors  from  me,  for  him  to  refund  every  cent  of  that 
amount  before  I  shall  turn  a  hand  for  him. 

Page    203 


"If  you  think  Smith  is  entitled  to  immunity  from  prosecution,  I  am  quite 
willing  that  he  should  have  it,  but  this  old  score  must  be  adjusted  first,  and  the 
sooner  Smith  comes  to  recognize  this  fact,  the  better  it  will  be  for  him.  There 
will  be  no  time  for  letter  writing  about  it,  either — it  must  be  done  by  wire;  so, 
before  we  go  any  further,  it  might  be  just  as  well  to  put  on,  your  thinking  cap 
and  act  upon  the  basis  indicated." 

"£ut,  Steve,"  protested  Kribs,  "didn't  you  have  some  sort  of  a  lawsuit 
over  that  money?" 

"Yes,  I  got  service  on  him  in  San  Francisco,  late  'at  night,  at  the  St. 
Francis  hotel,  where  he  was  stopping  under  an  assumed  name  in  order  to  avoid 
such  a  contingency ;  but  that  has  been  something  like  five  or  six  months  ago,  and 
as  he  is  surrounded  by  a  regular  army  of  paid  attorneys  constantly,  there  is  no 
telling  when  my  case  against  him  will  come  to  trial.  Smith's  lawyers  will  prob- 
ably keep  putting  it  off  from  time  to  time,  and  heaven  only  knows  when  I  shall 
get  my  money,  if  at  all.  I  have  an  opportunity  now  to  do  him  a  favor,  but  as  I 
said  before,  he  must  come  through  first." 

"What  assurance  have  I  that  you  will  be  able  to  get  Smith  off?"  asked  Kribs. 

"My  word,"  I  replied,  "and  if  you  don't  want  to  take  that,  just  let  the 
matter  drift  and  watch  the  result.  I  will  surely  land  Smith  if  he  persists  in  his 
present  course.  If,  however,  you  care  to  present  my  claim  to  him,  and  he  responds 
by  wiring  the  money  to  me  immediately,  I  will  agree  that  no  indictment  will  be 
brought  against  him." 

"Steve,"  responded  Kribs,  "I  believe  you  mean  this,  and  just  to  show 
that  I  want  to  do  what  is  right,  I  will  address  Smith  today  and  forward  the  letter 
by  first  mail,  which  will  bring  it  into  Minneapolis  within  three  days.  I  will 
furnish  him  with  full  particulars,  and  inform  him  that  a  telegraphic  reply  must 
be  received  within  four  days  at  the  very  outside.  Grant  me  that  much  time, 
and  if  it  be  possible  to  get  that  matter  settled,  I  will  surely  do  my  best.  Will 
that  be  satisfactory?" 

"Agreed."  said  I,  "but  remember,  just  four  days,  at  the  very  utmost." 

After  this  arrangement,  it  devolved  upon  me  to  keep  Kribs  away  from 
Messrs.  Heney  and  Burns  until  such  time  as  I  was  enabled  to  get  a  settlement  out 
of  Smith,  and  to  do  this  I  was  obliged  to  exercise  considerable  diplomacy. 

I  was  not  worrying  about  my  ability  to  fulfill  my  agreement  with  Kribs, 
as  Smith  had  committed  no  crime  for  which  he  could  be  brought  to  account  at 
this  particular  juncture.  The  fact  was,  the  statute  of  limitations  had  run  against 
his  offense,  consequently  he  could  not  be  indicted  for  conspiracy  to  defraud  the 
Government,  and  so  far  as  committing  perjury  or  being  guilty  of  subornation  of 
perjury  was  concerned,  there  was  no  evidence  connecting  him  with  either. 

Kribs,  of  course,  could  be  indicted  for  subornation  of  perjury,  but  Smith 
was  outside  the  pale  of  the  law  in  that  respect,  consequently,  in  promising  Kribs 
that  I  would  use  my  best  endeavors  in  behalf  of  Smith,  and  going  so  far  as 
promising  him  immunity  from  prosecution,  I  merely  did  that  which  any  child  on 
the  streets  of  Portland  could  have  done  with  perfect  impunity.  In  other  words, 
I  hoodwinked  Kribs  to  the  extent  of  presenting  him  with  a  "Barmecidal  feast," 
where  all  the  guests  sat  down  to  imaginary  dishes.  Kribs  either  did  not  know 
this,  or  else  was  familiar  with  some  of  Smith's  more  recent  acts  of  a  crooked 
character  of  which  neither  the  Government  nor  myself  had  any  knowledge. 

It  is  obvious,  therefore,  why  I  did  not  wish  Kribs  to  come  in  contact  with 
Mr.  Burns.  It  was  policy  to  keep  them  apart  until  such  time  as  I  had  a  reply 
from  Smith.  Upon  my  return  to  Burns'  office.  I  was  asked  as  to  the  result  of  my 
conference  with  Kribs.  so  I  told  Mr. Burns,  having  in  mind  the  object  just  stated, 
that  Kribs  was  sure  to  tell  everything,  but  it  would  never  do  to  force  him  too 
strongly. 

"Just  give  him  time,"  I  said,  "and  he  will  cough  up  everything  he  knows." 

Happily,  Mr.  Burns  coincided  with  my  ideas,  so  I  felt  secure  in  my  posi- 
tion, for  the  time  being,  at  least. 

Page   204 


Lumber  flume  at  Bridal  Veil,  Oregon,  having  a  drop  of  2,500  feet  in  two  miles. 
Timbers  12x12  and  60  feet  in  length  have  come  down  this  flume 

On  the  following  morning,  being  impressed  with  the  feeling  that  Kribs 
might  come  around  to  Burns'  office  with  his  "statement  of  facts,"  I  resolved  to 
remain  in  close  touch  with  the  latter's  room,  so  as  to  prevent,  if  possible,  any 
lengthy  interview  between  them ;  so  immediately  after  breakfast  I  made  it  a  point 
to  proceed  to  Burns'  office,  where  I  went  into  camp  in  the  most  approved  style. 

Sure  enough,  the  redoubtable  Fred  was  "Johnny  on  the  spot"  soon  after 
I  got  there,  and  it  was  killing  to  observe  him  sneak  up  into  the  room  in  abject  fear 
of  being  seen  by  somebody.  He  presented  a  typewritten  statement  to  Burns, 
alleged  to  cover  his  connection  with  the  various  transactions,  but  fortunately,  I 
managed  to  sidetrack  any  extended  conversation  between  the  two. 

Page    205 


After  Kribs  had  taken  his  departure,  and  Mr.  Burns  and  myself  had  can- 
vassed the  statement,  I  could  see  that  the  latter  was  palpably  disappointed  with 
its  contents,  and  felt  disposed  to  summon  Kribs  before  him  again  forthwith,  but 
I  reasoned  him  out  of  this  idea,  and  said  it  would  be  much  better  for  me  to  have 
a  private  talk  with  him  before  attempting  to  call  him  to  account  for  some  of  his 
errors  and  omissions.  Burns  finally  conceded  the  point,  so  ?  called  upon  Kribs 
again  at  his  office,  where  I  told  him  that  his  statement  had  found  a  resting  place 
in  Burns'  waste  basket;  that  Burns  would  not  think  for  a  moment  of  accepting 
any  such  statement  from  him,  and  that,  if  he  could  not  make  up  his  mind  to  tell 
all  he  knew,  he  might  as  well  be  prepared  to  take  the  consequences. 

"I  don't  know  what  more  Mr.  Burns  could  expect  me  to  say,"  responded 
Kribs  in  sorrowful  tones.  "I  made  a  clean  breast  of  having  secured  those  lands 
for  C.  A.  Smith,  and  also  stated  that  I  was  on  very  friendly  terms  with  the 
officials  of  the  Roseburg  Land  Office,  who  had  extended  special  privileges  to  me ; 
also,  that  I  had  employed  the  law  firm  of  Mitchell  &  Tanner  in  the  matter  of 
expediting  patents,  even  going  so  far  as  to  admit  having  instructed  those  entry- 
men  as  to  what  answers  they  should  make  when  they  came  here  to  testify  before 
the  Federal  Grand  Jury.  Xow.  I  think  Mr.  Burns  ought  to  be  satisfied  with  that." 

"Well,  Kribs,"  I  answered,  "he  is  not  satisfied,  nor  will  he  be  until  you 
tell  the  whole  truth.  It  is  all  very  well  for  you  to  state  that  you  have  been  on 
friendly  terms  with  the  officials  of  the  Roseburg  Land  Office  and  that  they  ex- 
tended special  privileges  to  you,  but  what  about  the  consideration?  Why  didn't 
you  tell  what  you  paid  for  these  special  privileges  and  to  whom  it  was  paid  ?  Why, 
too,  didn't  you  state  exactly  for  what  purpose  you  paid  that  money  to  Mitchell  & 
Tanner?  In  other  words,  why  didn't  you  admit  having  made  all  arrangements 
with  Senator  Mitchell  personally,  and  that,  when  you  turned  over  the  several 
amounts  to  Mitchell  &  Tanner,  as  a  matter  of  fact,  that  each  and  every  payment 
was  to  go  to  the  Senator  personally,  and  not  to  be  credited  to  his  firm? 

"You  know,  Kribs,  that  you  had  a  private  understanding  with  Senator 
Mitchell,  and  that  you  agreed  to  pay  him  a  certain  amount  for  every  patent  that 
he  pulled  out  for  you.  You  know,  as  I  do,  that  the  Senator  accepted  every  dollar 
of  that  money  in  the  nature  of  a  bribe.  Why  didn't  you  say  so,  and  why  didn't 
you  state  the  amounts  and  when  they  were  paid  ?  These  are  questions  that  must 
be  answered,  and  just  as  sure  as  your  name  is  Fred  A.  Kribs,  just  so  sure  will 
Mr.  Burns  insist  upon  your  giving  him  this  information,  and  when  he  asked  you 
to  state  the  plain,  unvarnished  facts,  he  expected  you  to  do  so,  and  I  am  here  to 
tell  you  that  nothing  short  of  that  will  be  accepted." 

"So  he  threw  my  statement  in  the  waste  basket,  did  he?" 

"That's  exactly  what  became  of  it." 

"Shall  I  try  it'  again ?" 

"That's  about  the  only  thing  you  can  do,  but  it's  no  use  if  you  try  and  keep 
anything  back  next  time." 

"I  will  think  it  over  tonight,  and  try  and  concentrate  my  mind  on  the 
subject,  and  do  my  utmost  to  prepare  one  that  will  prove  satisfactory." 

"All  right,  do  so ;  and  bring  it  to  Mr.  Burns'  office,  and  I  will  arrange  to 
be  on  hand  and  do  what  I  can  for  you." 

Kribs  appeared  bright  and  early  the  morning  following,  and  addressing 
Mr.  Burns,  said:  "Mr.  Puter  informs  me  that  you  were  not  entirely  satisfied  with 
my  statement  of  yesterday,  so  I  have  prepared  a  new  one,  which  I  trust  will  meet 
with  your  approval." 

"No,"  declared  Mr.  Burns,  "I  was  not  at  all  satisfied  with  your  other  state- 
ment, as  I  found  that  it  did  not  contain  anything  like  as  much  as  you  promised 
to  divulge,  nor  did  it  present  the  facts  as  I  know  you  are  in  a  position  to  give 
them  to  me." 

"This  statement  covers  all  the  ground,"  responded  Kribs  meekly,  and 
handing  it  to  the  Government  sleuth,  continued,  "I  have  dealt  with  all  the  salient 
features." 

Page   206 


"Just  take  a  seat  until  I  can  examine  it,"  commanded  Burns.  "I  only 
hope  it  is  as  you  say,  and  that  you  have  covered  the  ground  in  every  particular." 

He  then  looked  the  statement  over,  folded  it  carefully  when  he  was  through, 
and  gazing  directly  at  Kribs,  said : 

"So  you  have  dealt  with  all  the  salient  features,  have  you?" 

"Yes,"  replied  Kribs,  "I  believe  that  I  have." 

"Well,  then,  in  order  that  you  and  I  may  have  no  further  misunderstanding 
as  to  what  is  expected  of  you,  I  believe,  Mr.  Kribs,  that  it  would  be  best  for  us 
to  talk  matters  over.  This  statement,  I  will  admit,  is  more  conclusive  than  the 
one  handed  me  by  you  yesterday,  but  not  sufficiently  so,  by  any  means." 

Opening  the  statement  again,  Mr.  Burns  continued : 

"You  have  said  here  that  you  were  on  friendly  terms  with  the  officials  of 
the  Roseburg  Land  Office,  and  that  you  paid  them  money,  but  you  have  failed 
to  mention  to  whom,  or  in  what  amounts.  You  also  confess  having  employed  the 
firm  of  Mitchell  &  Tanner  to  expedite  the  issuance  of  your  patents,  and  that  you 
paid  them  for  such  service,  but  here  again  you  fall  short,  in  that  you  fail  to  state 
with  whom  the  arrangement  was  first  made,  and  have  also  neglected  to  mention 
the  amounts  agreed  upon.  Your  statement  with  regard  to  the  Smith  deal  is  also 
too  general.  You  must  be  specific,  Mr.  Kribs,  and  give  full  details  with  regard 
to  every  transaction,  else  I  shall  be  obliged  to  bring  these  negotiations  to  a  close 
without  further  consideration. 

"When  Mr.  Puter  spoke  to  Mr.  Heney  about  you,  he  insisted  that  you 
would  make  a  valuable  witness  for  the  Government,  because  of  the  fact  that  you 
had  done  business — along  certain  lines — with  the  officials  of  the  Roseburg  Land 
Office,  and  had  also  done  business — along  the  same  lines — with  Senator  Mitchell. 
We  want  this  information  in  its  entirety,  and  we  shall  expect  you  to  give  it 
exactly  as  you  know  it  to  be.  You  have  admitted,  in  substance,  that  you  main- 
tained relations  with  these  people,  and  have  also  virtually  acknowledged  that  the 
nature  of  this  business  was  of  a  shady  character.  It  now  remains  for  you  to  give 
the  entire  facts,  and  until  such  time,  I  shall  have  nothing  further  to  say  to  you 
on  the  subject." 

This  conversation  having  occurred  on  Saturday,  Mr.  Kribs  said  that  it 
would  be  impossible  for  him  to  prepare  another  statement  for  presentation  that 
afternoon,  but  that  he  would  have  one  ready  on  the  following  Monday  morning, 
which  arrangement,  Mr.  Burns  told  him,  would  be  satisfacory  to  him. 

On  meeting  Kribs  that  Saturday  afternoon,  he  said  that  it  looked  like  he 
was  in  for  it;  that  Burns  was  as  sharp  as  a  steel  trap,  and,  unless  he  was  very 
much  mistaken,  was  "wise"  to  everything,  and  would  not  be  put  off  with  anything 
short  of  a  full  and  complete  statement  of  facts. 

"So  I  might  just  as  well  make  up  my  mind,"  continued  Kribs,  "to  tell  every- 
thing I  know." 

"That's  right,"  I  responded,  "you  stick  to  that  determination,  Kribs,  and 
when  you  have  prepared  your  statement,  I  will  call  personally  and  look  it  over 
before  you  present  it  to  Mr.  Burns." 

"When  will  you  call?"  he  inquired. 

"When  will  you  have  it  ready?"  I  replied. 

"Probably  by  tomorrow  (Sunday)  night;  but  suppose  that  you  call  on 
Monday  morning  at  my  office." 

I  agreed  to  do  so,  and  left  Kribs,  in  the  firm  belief  that  he  had  finally 
decided  to  come  through  with  the  much  desired  information,  as  he  appeared  to  be 
very  sincere,  and  I  was  happy  in  the  thought  that,  if  he  presented  a  statement 
such  as  he  promised,  we  could  then  force  him  to  produce  the  documentary  evidence 
to  substantiate  his  story. 

No  sooner  had  I  reached  Kribs'  office  on  Monday  morning,  than  he  opened 
up  by  informing  me  that  he  was  in  receipt  of  a  dispatch  from  C.  A.  Smith,  to  the 
effect  that  he  was  willing  to  pay  me  the  amount  of  money  I  had  advanced  to 
secure  the  Humboldt  County  lands  for  him,  concerning  which  I  had  commenced 

Page    207 


suit  to  recover,  provided,  however,  that  I  was  to  withdraw  the  action  immediately, 
he,  in  turn,  agreeing  to  dismiss  a  counter  suit  that  he  had  filed  against  me.  It 
was  further  understood  that  Smith  was  not  to  be  indicted  if  I  could  prevent  it. 

In  regard  to  the  withdrawal  of  my  suit,  I  agreed  to  do  as  suggested,  but 
as  to  the  indictment  of  Smith,  I  could  guarantee  nothing,  further  than  to  give  my 
word  that  no  indictment  would  be  returned,  and  this,  I  insisted  he  must  accept 
for  what  it  was  worth. 

"I  will  take  your  word  for  it,"  replied  Kribs ;  "and  to  prove  to  you  that  I 
have  confidence  in  your  ability  to  take  care  of  the  matter,  I  shall  wire  Smith 
immediately  to  forward  the  money  by  telegraph." 

After  Kribs  had  sent  the  wire  to  Smith,  which  he  prepared  in  my  presence, 
he  took  up  the  matter  of  his  new  statement,  and  after  reading  it  over,  I  informed 
him  that  it  appeared  to  be  satisfactory,  and  that  I  believed  it  would  meet  with 
Mr.  Burns'  approval.  I  then  suggested  that  we  go  up  and  see  Burns,  which 
Kribs  assented  to. 

After  reading  Kribs'  new  statement,  Mr.  Burns  seemed  to  be  well  pleased, 
and  remarked : 

"This  is  something  like  it." 

He  then  asked  Kribs  if  the  $800  mentioned  as  having  been  paid  by  him  to 
James  Henry  Booth,  Receiver  of  the  Roseburg  Land  Office,  was  by  check  or 
cash,  to  which  Kribs  responded  that  it  was  in  the  form  of  a  check. 

"All  my  settlements,  in  fact,"  continued  Kribs,  "have  been  made  by  check." 

"You  find,  then,  Mr.  Kribs,  that  the  check  system  is  a  good  one,  and  that 
it  is  the  correct  way  of  transacting  business?"  queried  Burns. 

"Indeed,  I  do,"  replied  Kribs,  "as  in  that  way  I  am  enabled  to  keep  a  more 
complete  record  of  all  my  business  dealings." 

"I  presume  then,  that  you  paid  Mitchell  &  Tanner  by  check  also,"  said 
Mr.  Burns. 

"Yes,  sir;  I  did." 

"Well,  now,"  added  Burns,  "I  will  say  about  your  statement,  that  I  find 
it  entirely  satisfactory  with  but  one  exception,  and  that  is,  with  regard  to  your 
agreement  with  Mitchell  &  Tanner.  You  have  failed  to  state,  in  referring  to 
that  firm,  with  whom  your  agreement  was  made — was  it  \vith  Senator  Mitchell,  or 
Judge  Tanner?" 

"It  was  with  the  Senator." 

"Was  Judge  Tanner  present  at  the  time?"  asked  Mr.  Burns. 

"He  was  not — that  is  to  say.  Judge  Tanner  wasn't  present  when  I  talked 
with  Senator  Mitchell  in  his  private  office  at  the  time  of  my  coming  to  an  under- 
standing with  him  in  regard  to  his  receiving  $25  from  me  for  each  patent 
expedited." 

"Mr.  Kribs.  was  it  your  understanding  that  the  Senator  was  to  receive  the 
money  personally,  or  did  you  presume  that  this  money  was  to  go  to  the  firm  of 
Mitchell  &  Tanner?"  persisted  Burns. 

"The  payments  were  made  to  the  firm  of  Mitchell  &  Tanner,  but  I,  of 
course,  presumed  that  Senator  Mitchell  alone  was  benefitted  thereby,  as  he  in- 
structed me,  when  I  asked  him  how  I  should  remit,  to  make  my  checks  payable 
to  his  firm — 'for  convenience  sake,'  as  he  put  it." 

"Did  you  meet  Judge  Tanner  at  all  ?" 

"Yes,  sir;  I  was  introduced  to  him  by  the  Senator  when  we  came  out  of 
the  latter's  private  office,  at  which  time  Senator  Mitchell  remarked,  in  addressing 
his  partner,  that  he  had  made  an  arrangement  with  me  whereby  he  (Mitchell) 
was  to  expedite  the  issuance  of  all  my  patents,  and  whenever  I  brought  any  land 
matters  to  him  (Tanner),  that  he  should  forward  the  same  to  the  Senator  at 
Washington.  The  Senator  further  informed  his  partner  that  I  would  hand  the 
latter  the  amounts  agreed  upon  in  each  case." 

"I  will  now  request  that  you  insert  this  additional  testimony  in  your  state- 
ment," said  Burns,  "after  which  I  shall  accept  it  as  altogether  satisfactory." 

Page    208 


ji,  (Oregon, 

First  National    Bank  of   Roseburg, 


//?  '223 


/A.  £ 

^/*  V   *c°*     •    •     •   /-"x-/-, 

10l&£jfr\9>"  4»i^«*> 


DOLLARS 


Samples  of  the  lubricant  used  by  Fred.  A.  Kribs  in  oiling  up  the 
machinery  for  grinding  out  patents  to  the  fraudulent 

Smith  timber  entries 


Kribs  endeavored  in  every  conceivable  way  to  hedge  out  of  making  the 
insertion  as  directed,  and  when  he  finally  did  put  it  in,  it  was  only  to  be  scratched 
out  and  re-written,  as  he  had  failed  to  employ  the  exact  language  used  in  his 
verbal  statement  to  Burns.  He  eventually  capitulated  completely,  and  after  attach- 
ing his  signature  to  the  document  in  its  complete  form,  took  the  customary  oath 
that  the  statement  was  true  and  correct  in  every  particular. 

Mr.  Kribs  and  myself  then  left  together,  going  direct  to  his  office,  where 
we  met  my  brother,  L.  F.  Puter,  who  had  acted  as  one  of  my  attorneys  through- 
out the  11-7  trial,  as  well  as  my  legal  representative  in  my  suit  against  C.  A.  Smith. 

While  engaged  in  discussing  the  telegrams  that  had  passed  between  Smith 
and  Kribs  that  morning,  the  latter  received  notice  from  the  Merchants  National 
Bank  to  the  effect  that  they  were  in  receipt  of  the  sum  of  $10,467.45,  and  that 
they  had  instructions  to  turn  this  amount  over  to  S.  A.  D.  Puter,  upon  Kribs' 
indorsement. 

My  brother  thereupon  took  up  the  matter  with  Kribs,  and  between  them 
they  arranged  for  the  withdrawal  of  my  suit  against  Smith,  which  was  consum- 
mated by  wire  with  his  attorneys  in  Minneapolis  to  their  entire  satisfaction.  At 
the  same  time,  Smith's  lawyers  dismissed  his  counter  suit  against  me. 

My  brother  then  accompanied  Kribs  to  the  Merchants  National  Bank, 
where  the  money  was  turned  over. 

A  few  days  later,  Mr.  Kribs  appeared  before  the  United  States  Grand  Jury 
and  gave  testimony  which  resulted  in  the  indictment  of  Senator  John  H.  Mitchell 
and  James  Henry  Booth,  the  latter  being  Receiver  of  the  Roseburg  Land  Office. 

It  might  be  added  that  it  was  on  this  charge,  known  as  the  "Kribs  Indict- 
ment,'" that  Senator  Mitchell  was  tried  and  convicted,  and  not  on  what  is  com- 
monly called  the  "Puter  Indictment,"  as  Mr.  Heney  considered  the  evidence  pre- 
sented by  Mr.  Kribs,  corroborated  as  it  was  by  the  introduction  of  documentary 
evidence  in  the  form  of  cancelled  vouchers,  to  be  much  more  conclusive  than  that 
given  by  myself,  and  upon  which  the  first  indictment  against  the  Senator  was 
returned. 

C.  A.  SMITH  Li  MUER  C 

Ww-<*  ••wfTS»-."*  J.-«4%Kk   wdFir-XV**!****    Hi 


LUMBER    MANUFACTURERS. 


C    A     S/VMTf 


April  24th,   1902. 


According  to  the  statement  of  costs  of  lands  in  Humbolt 
County,  California,  by  S.  A.  D.  Puter,  there  will  be  due  and  payable 
to  him  or  order,  under  the  contract  between  him  and  the  undersigned, 
of  November  4th,  1901,  the  sun  of  Ten  Thousand,  Pour  Hundred  Sixty-Seven 
and  45/100  (|10,467.45)  Dollars 


Fac-simile  of  agreement  between  Smith  and  Puter,  the  terms 
of  which  the  Minneapolis  millionaire  lum- 
berman attempted  to  evade 


Page   210 


Senator  Mitchell  was  indicted  for  this  offense  on  February  1,  1905,  and 
convicted  July  3,  of  the  same  year,  after  one  of  the  most  sensational  trials  that 
has  ever  taken  place  in  Oregon. 

Receiver  Booth,  of  the  Roseburg  Land  Office, — who,  with  Register  J.  T. 
Bridges,  was  dismissed  from  service  on  account  of  his  connection  with  Kribs — 
has  not  yet  been  tried  for  the  part  he  played  in  the  game,  and  Register  Bridges 
has  never  been  indicted,  for  the  reason  that  he  became  a  Government  witness. 

The  notorious  C.  A.  Smith,  who  was  responsible  for  all  this  trouble,  has 
never  been  indicted,  because  the  devil  takes  care  of  his  own,  and  he  was  lucky 
enough  to  be  saved  by  the  statute  of  limitations,  three  years  having  elapsed,  so 
far  as  any  evidence  adduced  would  show,  since  he  had  been  connected  with  the 
fraudulent  transactions. 

Fred  A.  Kribs  was  not  indicted  either,  having  been  granted  an  immunity 
bath  on  account  of  his  valuable  services  as  a  witness  for  the  Government. 


Taken  on  the  A  Hie  liouser  claim 
N.  W.  I  22,  14-3 


Page   211 


Chapter  XIII 


Evidence  produced  before  the  Federal  Grand  Jury  by  Fred  A.  Kribs  and  others 
results  in  the  indictment  and  subsequent  conviction  of  United  States  Senator 
John  H.  Mitchell,  of  Oregon,  for  violation  of  Section  1/82  of  the  Rez-iscd 
Statutes — Judge  Tanner,  Senator  Mitchell's  laic  partner,  breaks  down  in 
the  Grand  Jury  room,  and  in  order  to  save  his  son  from  criminal  prosecu- 
tion, confesses  that  a  fake  partnership  agreement  bctzi'ccn  the  /ate-  firm 
of  Mitchell  &  Tanner  had  been  substituted  for  the  original,  and  changed 
so  as  to  exonerate  Senator  Mitchell  from  any  criminal  liability — Some  inter- 
esting inside  history  of  the  manner  in  which  the  Government  secured  dam- 
aging^ evidence  against  the  accused  statesman,  wherein  In'in  Rittenhouse, 
private  secretary  to  Prosecutor  Heney,  distinguishes  himself  as  a  sleuth. 

SENATOR  MITCHELL'S  connection  with  Ered  A.  Kribs.  as  described  in  the 
preceding  chapter,  brought  about  his  indictment  and  subsequent  conviction  for 
a  violation  of  Section  1782,  of  the  United  States  Revised  Statutes.  Coincident- 
ally,  it  sounded  the  death  knell  to  the  reign  of  a  corrupt  oligarchy  that  had  domin- 
ted  the  political  destinies  of  Oregon  for  practically  one-quarter  of  a  century.  This 
political  machine  was  in  the  zenith  of  its  glory  at  the  time  Francis  J.  Heney  began 
his  crusade  against  the  Oregon  land  frauds,  and  when  it  was  hinted  that  John  H. 
Mitchell,  who  had  so  long  controlled  the  political  affairs  of  the  State  with  such 
supreme  autocratic  power,  was  likely  to  become  involved,  the  idea  that  any  Grand 
Jury  would  be  found  with  temerity  enough  to  indict  him,  or  that  any  trial  jury 
would  convict  him  for  his  offenses,  was  looked  upon  generally  as  a  vivid  flight 
of  the  imagination. 

It  is  hardly  necessary  to  enter  into  details  pertaining  to  the  various  phases 
of  the  trial  and  conviction  of  Senator  Mitchell,  for  the  reason  that  they  form  a 
part  of  the  Court  records  that  have  already  been  considered  at  great  length  by  the 
press,  and  because  the  one  most  affected  is  now  beyond  the  grasp  of  earthly 
trouble.  \Yhat  will  doubtless  most  interest  the  public,  so  far  as  this  particular 
case  in  concerned,  is  the  unwritten  history  attached  to  the  circumstances  attending 
the  downfall  of  a  political  idol  and  it  is  the  purpose  of  this  chapter  to  cater  to  this 
idea  more  than  to  any  other. 

Kribs  had  given  the  Grand  Jury  full  information  regarding  his  relations 
with  Senator  Mitchell,  and  furnished  complete  documentary  evidence,  including 
checks,  letters  and  other  data  to  sustain  his  statements.  Judge  Tanner,  Senator 
Mitchell's  law  partner,  went  before  the  body  during  the  latter  part  of  January. 
1905,  in  connection  with  the  Kribs  payment  investigation,  and  in  answer  to  Mr. 
Heney's  inquiry  about  the  terms  of  the  partnership  existing  between  himself  and 
Senator  Mitchell,  Judge  Tanner  produced  what  purported  to  be  the  original  part- 
nership agreement.  Heney  brought  it  with  him  to  the  hotel  that  night,  and  was 
somewhat  perturbed  over  it,  because,  if  it  were  the  genuine  agreement,  it  would 
result  in  absolving  Mitchell  from  having  received  any  compensation  in  the  shape 
of  fees  paid  by  Kribs,  a  clause  therein  stating  that  Tanner  was  to  receive  all  the 
fees  for  any  work  the  firm  performed  before  the  Land  Deparment. 

As  a  result  of  the  tips  that  Irvin  Rittenhouse  had  given  Mr.  Heney  during 
the  progress  of  the  Hyde-Benson  preliminary  hearing  at  San  Francisco  in  1904, 
the  Government  prosecutor  had  a  great  deal  of  confidence  in  the  ability  of  his 
private  secretary  for  deciphering  questionable  typewriting.  He  handed  Ritten- 
house the  document,  at  the  same  time  stating  that  Judge  Tanner  had  testified  that 
it  was  the  genuine  contract,  and  had  been  written  in  March,  1901. 

Page   212 


Irvin  Rittenhouse,  private  secretary  to  Francis  J.  Heney 

and  one  of  the  noted  prosecutor's  most  trusted 

lieutenants  in  the  land  fraud  cases 


No  sooner  had  Rittenhouse  inspected  the  contract  than  he  assured  Mr. 
Heney  that  the  typewriting  was  certainly  not  four  years  old ;  that  it  had  evidently 
been  done  recently,  and  that  the  signatures  of  Mitchell  and  Tanner  thereto  in 
ink  were  still  pale,  instead  of  being  jet  black,  as  they  would  have  been  had  they 
attained  any  degree  of  age.  Rittenhouse  then  read  over  the  contract  very  care- 
fully, and  in  doing  so  came  across  two  mis-spelled  words — "salary"  and  "con- 
stituent," to  which  he  called  Mr.  Heney's  attention. 

The  latter  seemed  somewhat  gratified  by  this  discovery,  but  said  nothing 
about  it  at  the  time,  nor  did  Rittenhouse  mention  the  subject  again  until  later  on. 
Rittenhouse  had  also  directed  attention  to  the  fact  that  all  the  correspondence 
passing  between  the  firm  of  Mitchell  &  Tanner  and  the  General  Land  Office  during 
1901,  1902  and  1903 — the  period  covering  the  transactions  between  Mitchell  and 
Kribs — then  in  possession  of  the  Government,  was  written  with  either  a  light  blue 
or  purple  ribbon,  while  the  contract  submitted  to  the  Grand  Jury  by  Judge  Tanner 
had  been  written  in  black.  He  likewise  directed  Heney's  attention  to  the  water 
mark  in  the  paper  on  which  the  contract  was  written,  indicating  that  it  was 

Page    213 


different  from  the  kind  used  by  the  law  firm  in  1901-2.  Subsequent  inquiry 
developed  that  the  style  of  paper  used  in  the  alleged  original  contract,  "Edinample 
Bond,"  was  not  manufactured  at  the  time  the  document  was  purported  to  have 
been  written. 

The  next  day  Mr.  Heney  called  Miss  Aimee  C.  Spencer,  Miss  Edith  Bern, 
and  Miss  Margaret  O'Brien  before  the  Grand  Jury.  All  were  at  one  time  sten- 
ographers of  Mitchell  &  Tanner,  the  two  former  having  been  regularly  employed 
by  the  firm.,  while  Miss  O'Brien  performed  special  service  for  Senator  Mitchell 
during  his  occasional  visits  to  Portland  from  the  National  Capital.  A.  H.  Tanner, 
Jr.,  was  also  subpoenaed  before  the  body,  as  Judge  Tanner  had  stated  that  his 
son  was  then  the  only  regular  stenographer  in  the  office,  having  acted  in  that 
capacity  during  the  past  six  months,  but  not  prior  thereto. 

About  8  o'clock  that  evening,  while  Heney,  Burns,  Rittenhouse,  Puter, 
McKinley,  the  Tarpley  brothers  and  Marie  L.  Ware,  were  in  room  211  of  the 
Hotel  Portland,  discussing  matters  in  connection  with  the  Mitchell  case,  Ritten- 
house suddenly  remarked  to  Heney : 

"How  about  those  misspelled  words?" 

The  Government  prosecutor  scowlingly  replied,  "D — n  you,  I'll  dynamite 
you  if  you  don't  keep  still  about  that !"  at  the  same  time  walking  into  an  adjoining 
room,  and  motioning  for  Rittenhouse  to  follow.  They  were  joined  almost  imme- 
diately by  Burns,  who  inquired : 

"What's  that  you  are  talking  about?" 

"Why.  'Rit'  found  two  misspelled  words  in  this  contract  here,  and  I  had 
all  the  stenographers  before  the  Grand  Jury,  with  Tanner's  son,"  responded 
Heney,  at  the  same  time  exhibiting  a  sheet  of  paper  containing  a  sentence  from 


of  the  handwriting  of  young  Tanner  in  the  Grand  Jury  room, 
which  led  to  Ais  father's  confession.      The  subscribing  witnesses 
were  members  of  the  Federal  Grand  Jury 


Page  214 


the  contract  that  had  been  dictated  to  young  Tanner  in  the  Grand  Jury  room. 
The  sentence  embraced  the  two  words,  "salary"  and  "constituent,"  both  of  which 
had  been  mis-spelled  by  him  in  the  manner  indicated,  while  all  the  other  steno- 
graphers had  written  the  words  correctly. 

Upon  being  shown  the  agreement  in  the  Grand  Jury-j-oom,  Tanner's  son 
had  declared  under  oath  that  he  had  not  written  it,  nor  had  he  ever  seen  it  before, 
and  upon  the  basis  of  this  testimony  an  indictment  was  prepared,  charging  him 
with  perjury.  It  was  at  this  juncture  that  Judge  Tanner,  who  had  also  been  in- 
dicted for  perjury  in  connection  with  his  efforts  to  shield  Senator  Mitchell, 
learning  that  his  son  was  to  be  indicted,  decided  to  tell  everything  and  save  his 
boy  from  criminal  prosecution,  and  the  story  he  told  the  Grand  Jury  was  pathetic 
enough  to  arouse  every  instinct  of  human  compassion. 

It  was  to  the  effect  that  the  law  firm  of  Mitchell  &  Tanner  was  first  estab- 
lished in  1891,  and  continued  under  various  forms  of  agreement  until  March 
5.  1901,  when  it  became  necessary  to  modify  the  terms  of  co-partnership  on 
account  of  Mitchell  having  been  elected  to  the  United  States  Senate.  A  clause 
of  the  agreement  entered  into  on  that  date  contained  this  provision : 

"It  is  understood  and  agreed  that  the  interest  of  each  of  the  parties  to  this 
agreement  as  to  all  services  rendered,  all  moneys  received,  and  all  business  done  by  the 
firm,  shall  be  equal  one-half  thereof,  except  that  for  any  services  which  may  be  rendered 
by  said  John  H.  Mitchell  in  the  City  of  Washington,  D.  C..  either  in  the  Supreme  Court  of 
the  United  States,  the  Court  of  Claims,  or  before  Congress  or  any  of  the  Departments,  shall 
be  the  individual  matter  and  claim  of  said  John  H.  Mitchell,  and  all  fees  so  earned  by  him 
in  either  of  said  courts  or  before  Congress  or  any  of  said  Departments,  and  his  salary  as 
Senator,  shall  be  the  individual  property  of  said  John  H.  Mitchell,  and  the  firm  shall 
have  no  interest  therein,  but  for  all  services  rendered  by  the  firm  or  either  member  of  it 
in  any  other  place,  save  and  except  as  above,  shall  be  considered  firm  business,  and  the 
parties  equally  interested  therein." 

According  to  Judge  Tanner,  \vhen  the  land  frauds  were  under  investigation 
by  the  Federal  Grand  Jury  in  December,  1904,  Senator  Mitchell  became  con- 
siderably alarmed  over  the  prospects  of  becoming  involved  in  some  of  the  scan- 
dals, and  requested  permission  by  wire  to  appear  before  the  body  in  his  own  behalf. 
Accompanied  by  Congressman  Binger  Hermann  and  Frank  C.  Baker,  Chairman 
of  the  Republican  State  Central  Committee,  of  Oregon,  Senator  Mitchell  left 
Washington,  D.  C.,  about  December  18,  of  the  year  in  question,  and  on  December 
20  wired  Judge  Tanner  from  St.  Paul.  Minn.,  requesting  the  latter  to  meet  him  at 
Kalama,  Washington,  upon  the  arrival  of  the  Northern  Pacific  train  at  that  point. 

Judge  Tanner  met  the  party  as  requested,  and  Senator  Mitchell  appeared 
very  anxious  to  learn  the  latest  land-fraud  news,  asking  particularly  if  there  was 
any  danger  of  the  Government  agents  having  had  access  to  the  books  of  the 
firm.  The  day  following  his  arrival.  Senator  Mitchell  and  his  partner  made  a 
careful  inspection  of  the  books  of  the  firm,  page  by  page,  Mitchell  expressing 
surprise  at  the  manner  in  which  the  various  entries  had  been  made,  and  demand- 
ed that  the  old  books  should  be  destroyed,  declaring  that  the  entries  in  regard  to 
the  Kribs  transactions  would  not  only  result  in  his  indictment,  but  conviction  as 
well,  i*  they  fell  into  the  hands  of  the  Government.  There  was  a  heated  discus- 
sion en  this  point  between  Mitchell  and  Tanner,  the  latter  insisting  that  the  ac- 
counts had  been  kept  in  strict  conformity  with  the  terms  of  their  partnership 
agreement,  and  that  Senator  Mitchell  was  fully  aware  of  the  manner  in  which 
they  had  been  kept,  and  had  never  raised  any  previous  objections  thereto. 

"During  one  of  several  conferences  in  Senator  Mitchell's  room  at  the  Hotel 
Portland  on  the  subject."  testified  Judge  Tanner,  "I  told  him  in  the  course  of  the 
conversation  that  I  thought  the  proper  thing  and  the  safe  thing  to  do  was  to  make 
a  full  breast  of  the  matter,  and  he  insisted  that  the  books  should  be  destroyed, 
and  that  it  would  not  do  for  it  to  appear  that  he  had  received  any  part  of  this 
Krib<  money.  And  he  insisted  on  it  in  his  determined  way  and  impatiently — would 
not  listen  to  anything  else." 

Page    216 


Harry  C.  Robertson,  private  secretary  to  Senator  Mitchell 

who  aided  the  Government  by  surrendering 

his  employer's  correspondence 


At  this  conference  Senator  Mitchell  suggested  changing  the  partnership 
agreement  in  a  manner  to  exonerate  him,  and  Judge  Tanner  called  his  attention 
to  the  fact  that  Harry  C.  Robertson,  Mitchell's  private  secretary,  had  typewritten 
the  original  document,  and  "it  would  hardly  be  safe  unless  we  could  count  on  him 
in  the  matter,"  as  Tanner  expressed  it.  "Well,  you  fix  it  up  and  I  will  manage 
Robertson,"  Senator  Mitchell  had  responded. 

Judge  Tanner  testified  further  that  he  told  Senator  Mitchell  upon  this 
occasion  that  although  it  would  necessitate  perjury  upon  his  part — something 
he  had  never  done  before,  in  his  life — he  would  stand  by  his  partner  and  do  what 
he  could  to  help  him.  The  next  day  he  prepared  the  fake  contract,  dating  it  back 
to  March  5,  1901,  and  had  his  son  run  it  off  in  duplicate  on  the  typewriter. 
Taking  it  to  the  hotel  he  showed  the  agreement  to  Senator  Mitchell,  who,  after 
perusing  it  carefully,  remarked : 

Page   217 


A  characteristic  pose  of  Francis  J.  Heney  during  his 
argument  of  the  Mitchell  case 

"That  is  all  right.  That  will  fix  it  all  right,"  whereupon  they  both  signed 
the  two  copies.  The  only  change  from  the  original  was  in  the  second  clause, 
which  was  amended  to  read  as  follows : 

"It  is  agreed  that  the  interest  of  each  of  the  parties  hereto  as  to  all  the  services 
rendered,  all  moneys  received  and  all  business  done  by  the  firm  shall  be  the  equal  one-half 
thereof,  except  for  any  services  which  may  be  rendered  by  said  John  H.  Mitchell  in  the 
Supreme  Court  of  the  United  States  shall  be  his  individual  matter,  and  all  fees  so  earned 
by  him.  in  said  Court,  and  his  salary  as  Senator,  shall  be  his  individual  property,  and  the 
firm  shall  have  no  interest  therein;  and  that  for  any  and  all  services  which  may  be  rendered 
by  said  Albert  H.  Tanner  before  any  of  the  departments  at  Washington,  D.  C.,  or  any  of 
the  branches  or  bureaus  thereof,  or  in  the  Land  Department  of  the  Government,  either  at 
Washington,  D.  C..  or  Oregon  or  elsewhere,  shall  be  his  individual  property,  and  the  firm 
shall  have  no  interest  therein,  and  said  John  H.  Mitchell  shall  not  be  required  to  perform 
any  services  therein  except  such  as  he  might  properly  do  as  a  Senator  in  Congress,  for  any 
constituent  without  charge." 

Unfortunately  for  all  hands  concerned,  young  Tanner,  in  running  the  fake 
partnership  agreement  off  on  the  typewriter,  incorrectly  wrote  the  words  "salary" 
and  "constituant,"  and  this  fact  formed  an  important  link  in  the  chain  of  cir- 
cumstances that  led  to  the  discovery  by  the  Government  officials  that  the  co- 
partnership agreement  between  Senator  Mitchell  and  Judge  Tanner  had  been 
"doctored." 


Page   218 


Ex-United  States  Senator  John  M.  Thurston,  of  Nebraska, 

delivering  his  impassioned  plea  to  the  jury  in 

behalf  of  Senator  Mitchell 

Up  to  the  time  Judge  Tanner  made  the  serious  mistake  of  committing 
perjury  in  order  to  shield  his  old  law  partner,  no  man  in  Oregon  enjoyed  a  more 
enviable  reputation  for  truth  and  veracity,  or  stood  higher  in  public  estimation. 
That  he  suffered  the  consequences  of  his  indiscretion  in  many  ways  is  self-evident, 
because  it  is  reasonable  to  suppose  that  any  high-minded  person  of  Judge  Tan- 
ner's caliber  would  very  naturally  feel  the  utmost  humiliation  on  account  of  the 
degradation  that  had  been  imposed  upon  him  almost  unsolicited.  It  may  be 
contended  that  the  only  open  course  for  any  honorable  man  under  the  circumstances 

Page  219 


would  have  been  in  the  direction  of  placing  the  Government  in  possession  of  all 
the  facts  at  his  command,  but  it  must  be  reckoned  that  it  is  oftentimes  difficult  to 
determine  just  where  the  lines  of  demarkation  between  duty  and  loyalty  should 
be  drawn,  and  the  charitable  portion  of  the  world  will  probably  hesitate  a  long 
time  before  measuring  Judge  Tanner's  act  with  the  weight  of  condemnation. 

He  pleaded  guilty  to  the  indictment  charging  him  witn  perjury,  and  at  the 
trial  of  Senator  Mitchell  was  one  of  the  most  important  witnesses  for  the  Govern- 
ment, furnishing  complete  information  relative  to  the  facts  narrated,  and  corrob- 
orating Fred  A.  Kribs'  testimony  in  every  essential  particular.  On  June  26, 
1906,  President  Roosevelt  granted  Judge  Tanner  a  pardon  for  his  offense,  and 
outside  of  being  disbarred  from  practice  for  a  period  of  six  months  by  the 
Supreme  Court  of  Oregon,  no  further  punishment  was  meted  out  to  him  that 
the  public  knows  anything  about. 

The  section  of  the  United  States  Revised  Statutes  under  which  Senator 
Mitchell  was  indicted  reads  as  follow-: 

"Section  1782. — Xo  Senator,  Representative  or  Delegate,  after  his  election  and 
during  his  continuance  in  office,  and  no  head  of  a  Department,  or  other  officer  or  clerk  in 
the  employ  of  the  Government  shall  receive  or  agree  to  receive  any  compensation  what- 
ever, directly  or  indirectly,  for  any  services  rendered,  or  to  be  rendered,  to  any  person, 
either  by  himself  or  another,  in  relation  to  any  proceeding,  contract,  claim,  controversy. 
charge,  accusation,  arrest,  or  other  matter  or  thing  in  which  the  United  States  is  a  party. 
or  directly  or  indirectly  interested,  before  any  department,  court  martial,  bureau,  officer, 
or  any  civil,  military  or  naval  commission  whatsoever.  Every  person  offending  against 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned  not  more 
than  two  years,  and  fined  not  more  than  $10,000,  and  shall,  moreover,  by  conviction 
therefor,  be  rendered  forever  thereafter  incapable  of  holding  any  office  of  honor,  trust  or 
profit  under  the  Government  of  the  United  States." 

The  trial  of  Senator  Mitchell  under  indictment  Xo.  2902,  for  a  violation 
of  the  section  of  the  United  States  Revised  Statutes  quoted,  was  begun  in  the 
United  States  Circuit  Court  for  the  District  of  Oregon  on  June  20.  1905, 
before  United  States  District  Judge  John  J.  DeHaven,  of  San  Francisco, 
and  a  jury  composed  as  follows:  G.  Steiner  (foreman),  merchant,  Salem, 
Marion  County;  H.  Cleveland,  farmer,  Salem,  Marion  County;  Ed.  Daily, 
farmer,  Kerby,  Josephine  County ;  R.  L.  Oliver,  grocer,  Pendleton,  Umatilla 
County;  Bert  Leabo,  farmer,  McMinnville.  Yamhill  County;  J.  A.  Baxter,  farmer, 
Dallas,  Polk  County ;  J.  P.  Clauson,  farmer,  Riverton,  Coos  County :  S.  T. 
Hobart,  farmer,  Silverton,  Marion  County ;  S.  A.  Carlton,  farmer,  "Welien,  Jack- 
son County;  B.  F.  Grant,  fanner,  Harlan,  Lincoln  County;  Frank  Warren, 
farmer,  Warrenton,  Clatsop  County,  and  W.  H.  Lewis,  farmer,  Jewel,  Clatsop 
County. 

Francis  J.  Heney,  of  San  Francisco,  who  had  been  appointed  United 
States  Attorney  for  Oregon  by  President  Roosevelt  after  the  summary  dismissal 
of  John  H.  Hall  from  that  office  a  few  months  previously,  appeared  for  the 
Government,  while  the  defendant  was  represented  by  ex-United  States  Senator 
John  M.  Thurston,  of  Nebraska,  and  Judge  Alfred  S.  Bennett,  of  The  Dalles. 
Oregon. 

The  case  lasted  until  July  3,  1905,  when  it  was  submitted  to  the  jury. 
which,  after  deliberating  7y2  hours,  returned  at  11  o'clock  that  night,  while  the 
din  of  firecrackers  and  the  blare  of  skyrockets  were  heralding  the  approaching 
Fourth,  with  this  verdict : 

"Portland.  Oregon,  July  3,  1905. — In  the  case  of  the  United  States  against 
Senator  John  H.  Mitchell,  we,  the  jury,  find  the  defendant  guilty  as  charged  in  the  indict- 
ment, and  recommend  him  to  the  mercv  of  the  Court  for  leniency. 

(Signed)         G.   STEIXER,   Foreman. 

Very  naturally,  on  account  of  the  great  prominence  of  the  defendant,  the 
case  against  Senator  Mitchell  had  attracted  an  extraordinary  amount  of  local 
attention,  the  Court  room  being  crowded  with  spectators  during  every  stage  of 

Page    220 


The  late  United  States  Senator  John  H.  Mitchell,  of  Oregon. 

Sketched  from  life  during  the  famous  trial  by  Harry 

Murphy,  the  gifted  Oregonian  cartoonist 


THE  FAMOUS  "BURN  THIS  WITHOUT  FAIL"  LETTER,  WRITTEN  BY  SENATOR 
MITCHELL  TO  His  LAW  PARTNER,  AND  WHICH  WAS  SURRENDERED  INTO 
THE  HANDS  OF  THE  GOVERNMENT  BY  HARRY  C.  ROBERTSON,  TO  WHOM  IT 
HAD  BEEN  ENTRUSTED  FOR  DELIVERY  TO  JUDGE  TANNER. 


t,  «.~«  .  . 


*<  2, 


/^ 


;     X^ 


frUj*~ 


T? 


^2U^-< 


V/ 


9-  —  -"- 


^—  o 


'•a-~*  *-. — ^>..Jia  V^ 

"7~  -     sesr3DTV 


THE  FOLLOWING  Is  A  LITERAL  TRANSLATION  OF  THE  LETTER  REPRODUCED  ON  THE 
FOREGOING  PAGES,  WHICH  WAS  WRITTEN  BY  SENATOR  MITCHELL  To 
JUDGE  TANNER. 

Washington,  D»  C,  Feb.  5,  1905. 
My  Dear  Judge : 

I  am  almost  afraid  to  write  a  word  as  those  scoundrels  will  misconstrue 
everything  and  distort  all  that  is  said.  Your  friend  with  letter  did  not  arrive  here 
until  today.  Your  letter  only  received  at  3  p.  m.  I  have  made  search  for  my  copy 
of  articles  of  co-partnership  of  1901.  but  am  unable  to  find  it.  I  think  it  must  be 
among  my  papers  in  office. 

Harry,  of  course,  prepared  these  articles.  You  will  see  Harry  on  his 
arrival.  I  found  our  supplementary  agreements  of  date  November  1,  1904,  which 
are  all  right.  Harry  has  these  with  him.  Now  the  facts  are  these,  and  you  must 
deal  with  them  accordingly.  First,  under  our  articles,  I  was  not  to  have  any  in- 
terest whatever  in  any  business  you  might  do  in  any  of  the  departments  or  in  any 
land  matters.  Second,  as  a  matter  of  fact,  I  never  knew  until  now  that  any 
charges  for  any  such  services  had  been  credited  either  to  me  or  the  firm  or  that 
my  account  had  ever  been  credited  with  any  part  thereof.  As  I  was  never  fur- 
nished with  any  statement  of  any  bank  account  or  of  any  charges  whatever,  and 
I  had  nothing  to  do  with  the  books,  nor  did  I  see  the  same,  and  you  will  remem- 
ber several  times  I  cautioned  you  not  to  mix  me  up  in  any  way  with  any  Land 
Office  matters.  Third,  to  this  day  I  do  not  know  what  book  entries  you  have 
made  or  what  you  did  with  any  cash,  or  checks,  if  you  ever  received  any  for  land 
service.  Nor  was  I  ever  advised  by  you  or  did  I  have  any  knowledge  that  any 
part  of  any  such  cash  or  receipts  was  placed  either  to  the  credit  of  our  firm  or 
myself.  Now,  Judge,  you  will  agree  with  me,  I  am  sure,  these  are  the  facts,  and 
I  am  also  sure  whatever  entries  you  made  you  never  intended  I  should  have  any 
part  of  such  cash  or  checks,  if  any,  and  that  you  intended  that  in  some  way  in 
settling  accounts  between  us  no  part  of  any  such  moneys  or  checks  should  be 
mine,  but  your  individual  property.  I  had  supposed,  of  course,  that  you  had  kept 
all  such  charges  and  accounts  in  your  own  name.  There  is  no  offense  on  your 
part  in  doing  business  for  any  honest  people  in  these  land  matters.  I  hope,  there- 
fore, you  will  do  me  the  justice  at  the  proper  time,  in  giving  the  facts  just  as  they 
are  and  as  I  have  stated  them. 

Harry  will,  doubtless,  identify  the  co-partnership  articles  of  1901  as  hav- 
ing been  prepared  by  him.  See  him  at  once  on  his  arrival.  Don't  be  interviewed 
until  I  see  you  and  now,  strictly  confidential,  don't  tell  Harry,  your  son,  or  any- 
one. Can't  you  immediately  on  receipt  of  this  drop  everything  and  come  directly 
here.  Bring  with  you  in  trunk,  but  don't  let  your  family  or  anyone  know,  all  the 
company's  books,  day  ledger,  all  of  them,  also  your  bank  book,  as  I  am  extremely 
anxious  to  see  for  myself  personally  what  the  books  show.  Besides,  it  is  im- 
portant we  should  talk  over  with  Fulton,  who  is  to  help  defend  me.  in  regard 
to  the  cases.  I  hope  you  can  come.  If  so,  don't  let  a  soul  know  you  are  coming, 
not  even  Harry.  And  if  you  conclude  to  come,  wire  me  as  follows : 

"John  leaves  direct  for  Washington  this  evening."  "TANNER." 

I  do  hope  you  can  come  and  immediately,  before  you  are  called  again  be- 
fore the  Grand  Jury. 

Sincerely  your  friend,  JOHN  H.  MITCHELL. 

P.  S.  Don't  show  Harry  this  letter,  or  tell  him  anything  in  it.  Don't  let 
him  see  our  books.  Tell  him  nothing. 

P.  S.  Keep  all  important  papers  in  safe  and  office  carefully  locked,  as 
those  scoundrels  will  get  in  if  possible. 

P.  S.     Burn  this  itnthout  fail. 

Page   226 


the  proceedings.  So  important,  in  fact,  was  the  case  considered,  that  the 
Morning  Oregonian  published  daily  a  verbatim  report  of  the  trial,  and  this  act 
on  the  part  of  the  newspaper  received  general  commendation,  especially  in  view 
of  the  fact  that  Harvey  W.  Scott,  its  editor-in-chief,  had  long  been  a  political 
enemy  of  the  disgraced  statesman.  In  its  graphic  description  of  the  scenes  inci- 
dent to  the  jury's  verdict  of  guilty,  the  Oregonian  the  next  morning  printed  the 
following  sketch: 

"Although  hard  hit,  as  a  man  must  be  under  such  awful  conditions, 
Senator  Mitchell  retained  his  composure.  Tears  welled  into  his  eyes  and  his 
voice  shook,  and,  as  he  slowly  rose  from  his  seat,  after  the  jury  had  been  polled 
and  Court  adjourned,  he  tottered,  and  for  the  brief  spell  of  perhaps  a  minute 
the  shocking  force  of  the  verdict  seemed  suddenly  to  unload  upon  his  shoulders 
every  one  of  those  70  years  through  which  he  has  passed,  and  he  became  old, 
very  old." 

Immediately  after  the  verdict  had  been  rendered,  Francis  J.  Heney  gave 
out  the  following  statement;  "I  congratulate  Oregon  upon  the  high  standard  of 
its  citizenship,  as  exemplified  by  the  conduct  and  verdict  of  the  trial  jury  which 
has  just  evidenced  to  the  world  that  Oregon  believes  in  the  enforcement  of  the 
laws  of  our  country,  and  that  in  Oregon  no  man  is  above  the  law.  Every  man 
who  sat  upon  the  jury  is  entitled  to  have  his  name  emblazoned  upon  Oregon's 
perpetual  roll  of  honor." 

But  little  more  remains  to  be  told  about  the  case.  On  July  25,  1905, 
Judge  DeHaven  sentenced  Senator  Mitchell  to  six  months  in  the  Multnomah 
County  Jail,  at  Portland,  Oregon,  and  also  imposed  a  fine  of  $1,000.  Pending 
an  appeal  from  the  verdict  of  the  jury,  Senator  Mitchell  succumbed  to  death, 
passing  away  in  Portland  on  December  8,  1905,  as  the  result  of  a  dental  operation, 
his  ailment  being  diagnosed  as  diabetic  coma. 


A  group  of  sugar 
pines 


Page  227 


United  States  District  Judge  John  J.  De  Haven,  of  California 
who  presided  at  the  trial  of  Senator  Mitchell 


Chapter  XIV 


Tells  how  the  acquaintance  between  the  land  fraud  king  and  his  chief  lieutenant 
originated — Also  gives  a  graphic  account  of  the  brilliant  social  function 
in  Chicago,  wherein  the  gay  and  festive  Horace  G.  McKinley  leads  the 
charming  Marie  L.  Ware  to  the  altar,  both  bride  and  groom  being  exceed- 
ingly well  know'ii  in  land  fraud  circles — Cards  are  sent  out  announcing 
that  the  happy  couple  would  be  "At  Home"  in  n-j — Recites  the  prepara- 
tions for  McKinley's  flght  to  the  Orient,  and  pretends  to  describe  the 
form  of  punishment  meted  out  by  the  Chinese  Government  to  its  own 
looters  of  the  public  domain  in  the  Flowery  Kingdom. 

THERE  has  been  such  frequent  allusion  to  Horace  G.  McKinley  in  these 
pages  that  I  feel  it  incumbent  to  satisfy  whatever  public  curiosity  has  been 

aroused  by  giving  a  brief  history  of  my  first  acquaintance  with  the  man 
whose  subsequent  career  has  been  so  closely  identified  with  my  own. 

During  the  summer  of  1892,  while  I  was  still  in  partnership  with  Willard 
X.  Jones  and  dealing  in  State  indemnity  lands,  I  received  a  call  at  my  residence 
in  Portland,  Oregon,  from  a  young  man  from  La  Crosse,  Wisconsin,  who,  after 
introducing  himself,  stated  that  he  had  learned  that  I  was  in  a  position  to  furnish 
base  upon  which  to  make  lieu  selections,  and  he  was  desirous  of  consulting  me 
in  reference  to  a  matter  in  my  line.  I  was  much  impressed  with  the  personality 
of  my  new  client,  and  lost  no  time  in  attending  to  his  wants.  It  seems  that  he 
had  located  some  forty  or  fifty  homesteaders  on  a  tract  of  timber  land  near 
Crawfordsville,  Linn  County,  on  the  Callapooya  River,  and  that  the  Southern 
Pacific  Company  had  contested  some  of  the  entries  on  the  ground  that  they  were 
on  odd-numbered  sections,  and  as  the  tract  was  within  the  30-mile  limit  of  the 
company's  indemnity  grant,  it  was  contended  that  the  Government  had  no  right 
to  dispose  of  the  lands.  Eventually,  I  succeeded  in  perfecting  title  to  the  claims, 
and  they  were  sold  subsequently  to  some  lumbermen  of  La  Crosse.  Thus  was 
begun  an  acquaintance  that  has  since  ripened  into  the  warmest  friendship  be- 
tween us. 

After  dissolving  partnership  with  Willard  N.  Jones,  I  continued  to  trans- 
act business  for  McKinley  in  the  matter  of  procuring  titles  for  him  to  lands 
under  the  State  indemnity  laws,  and  about  a  year  later  we  entered  into  a  full 
co-partnership,  under  the  terms  of  which  we  operated  in  timber  lands  through- 
out Oregon  and  Washington  up  to  the  time  we  were  both  convicted  in  the  11-7 
case. 

I  found  him  to  be  an  apt  pupil  along  some  lines,  although  inclined  at  times 
to  reckless  and  extravagant  habits.  He  was  generous  to  a  fault,  and  had  a 
faculty  of  making  friends  very  rapidly  wherever  he  went,  and  especially  with 
the  fair  sex,  as  his  good  looks  and  affable  manner  seemed  to  appeal  to  women 
almost  instantaneously.  Whatever  his  failings  may  have  been,  I  could  not  help 
but  admire  him  for  his  bold  and  dashing  ways,  and  the  confidence  he  displayed 
under  many  trying  circumstances.  Whether  it  was  a  ten-cent  piece  or  a  $1,000 
bill,  he  would  squander  both  with  equal  grace,  go  to  bed  contented  and  wake  up 
in  the  morning  with  a  happy  smile.  I  have  known  him,  in  fact,  to  engage  rooms 
at  the  Hotel  Portland  at  a  cost  of  $10  a  day,  with  as  much  as  $5,000  in  his 
pocket;  pass  the  evening  at  the  theater,  and  before  retiring,  drop  into  some 
gambling  resort  for  the  purpose  of  placing  a  small  bet — "just  to  win  breakfast 
money,"  as  he  would  put  it.  Before  leaving  the  establishment  he  would  lose 
every  dollar  he  possessed,  arise  from  the  table  with  the  same  cheery  disposition, 

Page    229 


borrow  the  price  of  a  meal  from  a  friend  and  repair  to  his  bedroom,  where  he 
would  sleep  as  peacefully  as  an  infant.  In  the  morning  he  would  wake  up  and 
dress,  seek  some  downtown  lunch  counter  and  relish  a  20-cent  breakfast  with 
the  same  gusto  he  might  display  at  a  feast  for  the  gods.  He  would  then  brace 
up  to  anything  that  looked  like  ready  money,  close  another  big  deal,  and  before 
nightfall  be  in  the  swim  again  with  pockets  lined  with  gold)  and  as  ready  and 
willing  as  ever  to  repeat  his  performance. 

It  was  while  we  were  engaged  in  business  along  the  lines  indicated  that 
McKinley  first  met  his  present  wife.  As  Miss  Marie  L.  Ware,  she  was  the 
United  States  Commissioner  at  Eugene,  Oregon,  and  the  two  were  brought  in 
frequent  contact  through  official  association,  as  our  transactions  through  her 
office  were  quite  extensive,  and  originally  upon  a  perfectly  legitimate  basis.  It 
was  a  bad  case  of  love  at  first  sight  between  them,  and  anybody  but  a  blind 
person  could  readily  guess  the  outcome.  Although  Horace  was  already  married, 
and  had  a  wife  living  at  West  Salem,  Wisconsin,  the  cares  of  matrimony  hung 
very  lightly  upon  his  shoulders  and  did  not  hinder  him  in  any  way  from  paying 
devout  court  to  the  fair  Marie.  So  attentive  to  each  other  did  they  become,  in 
fact,  that  Mrs.  McKinley  finally  sought  a  divorce  from  her  husband,  and  the 
ink  was  hardly  dry  on  the  decree  before  Horace  and  Marie  were  made  husband 
and  wife.  As  the  facts  relating  to  their  marriage  have  never  been  published, 
and  as  they  naturally  form  an  interesting  feature  of  my  story,  it  affords  me 
pleasure  to  give  my  readers  full  details  of  the  affair. 

Immediately  after  the  conviction  of  Senator  John  H.  Mitchell,  in  the 
summer  of  1905,  I  had  a  consultation  with  McKinley,  and  as  we  had  some 
timber  deals  pending,  we  decided  to  go  East  and  endeavor  to  close  them  up. 
Taking  the  train  at  Portland,  we  proceeded  direct  to  Chicago,  remaining  there 
something  like  a  month  or  six  weeks,  when  McKinley  returned  to  Seattle, 
where  he  expected  to  negotiate  the  sale  of  some  lands,  while  I  went  to  Detroit, 
Mich.,  from  which  point  I  operated  throughout  the  State,  visiting  a  number  of 
the  larger  timber  land  operators  with  whom  I  was  acquainted,  and  also  calling 
on  several  in  the  State  of  Wisconsin  with  whom  I  had  done  business  previously. 
I  found  them  all  more  or  less  indifferent  to  making  further  investments  in 
Oregon  titles,  however,  and  was  unable,  because  of  the  land  fraud  trials,  which 
were  then  in  full  progress,  to  consummate  a  deal  of  any  particuar  magnitude, 
although  I  did  succeed,  through  hard  work,  in  disposing  of  a  few  quarter  sec- 
tions of  minor  importance. 

The  main  question  in  the  minds  of  Eastern  lumbermen  at  that  moment 
related  to  the  validity  of  titles  to  lands  which  they  had  already  purchased,  and 
few  among  them  felt  disposed  to  make  additional  investments,  because  of  the 
stirring  up  that  Francis  J.  Heney  was  giving  the  timber  land  operators  at  that 
particular  time,  and  which,  it  was  believed  by  many,  would  affect  lands  to  which 
they  had  already  received  patents.  I  soon  found,  in  discussing  the  subject  of 
Mr.  Heney 's  prosecution  of  the  Oregon  cases,  that  more  time  was  being  con- 
sumed in  giving  information  than  was  being  devoted  to  the  selling  of  lands,  and 
commenced  to  feel  discouraged  because  of  the  outlook  of  turning  an  immediate 
trade.  While  thus  engaged  I  received  a  letter  from  McKinley,  written  at  Seattle, 
in  which  he  advised  me  of  his  wife  having  secured  a  divorce  from  him,  and  of 
his  intention  to  wed  Miss  Marie  L.  Wrare,  of  Eugene,  Oregon,  and  requesting 
me  to  meet  Miss  Ware  and  himself  in  Chicago,  where  the  ceremony  would  take 
place.  I  was  much  surprised  in  receiving  McKinley's  letter,  as  it  was  the  first 
intimation  I  had  received  that  my  old  partner  was  divorced  and  free  to  wed  the 
woman  of  his  choice  and  for  whom  I  was  aware  that  for  some  years  past  he 
had  entertained  a  great  admiration. 

Upon  receipt  of  his  letter.  I  immediately  wired  my  acceptance  of  his 
invitation  to  the  wedding,  and  lost  no  time  in  reaching  Chicago,  where  I  found 
Miss  Wrare  and  McKinley  registered  at  the  Morrison  Hotel,  they  having  arrived 
from  the  WTest  that  morning. 

Page   230 


Marie  Ware-McKinley,  whose  marriage  to  Horace  G.  McKinley 

was  the  occasion  for  much  joy  at  the  wedding 

feast  in  Chicago 


After  accompanying  them  to  the  courthouse,  where  a  marriage  license  was 
procured,  we  took  an  automobile  and  repaired  to  the  parsonage  of  an  Episco- 
palian minister,  that  being  the  church  in  which  Miss  Ware  was  baptized,  and 
she  expressed  a  desire  to  be  married  under  its  rites.  We  found,  however,  upon 
arrival  there,  that  the  pastor  could  not  perform  the  services  on  account  of 
McKinley  being  a  divorced  person.  ".* 

Returning  to  the  courthouse,  we  consulted  with  the  Clerk  of  the  Court, 
who  conducted  us  to  an  official  in  the  same  building,  who  performed  the  cere- 
mony, after  which  a  few  hours  were  spent  in  automobiling  about  the  city  and 
taking  in  the  sights.  We  then  returned  to  the  hotel  and  prepared  for  the  wed- 
ding feast,  which  had  previously  been  arranged  for  at  Kinzie's  cafe. 

To  those  of  McKinley's  friends  who  are  acquainted  with  the  man  and 
with  his  manner  of  doing  things,  it  is  useless  to  observe  that  no  detail  in  the 
arrangements  had  been  overlooked,  and  that  the  spread  was  a  most  elaborate 
one.  Even  to  the  orchestra. itself,  which  consisted  of  the  very  best  talent  in  the 
city,  he  had  given  his  personal  attention,  going  so  far  as  to  make  selections  of 
the  music  which  they  should  render  for  the  edification  and  pleasure  of  his  guests. 

The  decorations,  consisting  chiefly  of  choice  flowers  of  the  most  expensive 
varieties,  were  exceedingly  profuse  and  very  artistically  arranged.  The  whole 
surroundings,  in  fact,  denoted  the  gala  feast  of  a  Western  prince,  and  those  who 
partook  of  the  good  things  on  that  occasion  will  ever  remember  their  host  as 
the  liberal  entertainer  for  which  he  is  famed  the  lengh  and  breadth  of  the  land. 

I  had  the  honor  of  acting  in  the  capacity  of  "best  man,"  and  as  such,  was 
given  a  favored  place  at  the  festive  board.  It  might  be  stated,  however,  that 
every  gentleman  present,  being  more  or  less  imbued  with  a  sense  of  chivalrous 
responsibility,  assumed  the  honor  of  attending  upon  the  groom  and  his  charming 
bride.  But  we  had  failed  to  reckon  with  our  host  and  his  accustomed  style  of 
entertaining.  As  the  time  wore  merrily  on,  and  the  popping  of  corks  contributed 
its  emphasis  to  the  general  hilarity  of  the  occasion,  McKinley  discovered  that 
quite  a  number  of  the  regular  patrons  of  the  cafe,  who  had  lingered  to  give 
audience  to  the  delightful  music,  were  not  receiving  sufficient  attention,  according 
to  his  ideas  of  true  Western  hospitality.  He  thereupon  lost  no  time  in  extending 
an  invitation  to  all  hands  in  the  dining  room  to  join  in  the  festivities,  the  orches- 
tra itself  being  included  in  the  spontaneous  request.  As  the  ranks  of  those 
already  in  the  establishment  were  constantly  being  augmented  by  newcomers, 
who  were  likewise  given  the  glad  hand  by  the  irrepressible  McKinley,  the  affair 
soon  developed  into  one  of  the  grandest  receptions  of  its  kind  ever  witnessed  in 
Chicago,  and  that  the  local  newspapers  did  not  get  hold  of  the  story  is  one  of 
the  mysteries  of  modern  journalism. 

In  consequence  of  the  quantity  of  good  things  of  life  consumed,  the 
orchestra  took  a  marked  departure  from  its  programme  as  originally  planned 
with  such  artistic  measure  of  the  proprieties  by  the  genial  host.  Instead  of  the 
sweet  strains  from  Lohengrin  awakening  all  the  sentiments  of  those  present 
they  were  regaled  with  "A  Hot  Time  in  the  Old  Town  Tonight;"  and  in  place 
of  other  classic  selections,  made  by  McKinley  with  equal  consideration  as  to  the 
fitness  of  things,  the  orchestra  had  its  own  ideas  on  the  subject,  and  furnished 
the  merrymakers  with  all  the  latest  ragtime  music. 

Needless  to  say,  Mac  was  the  lion  of  the  hour,  and  congratulations  were 
showered  upon  the  happy  couple  from  every  quarter  of  the  cafe.  Some  weeks 
later,  cards  were  out  announcing  that  Mr.  and  Mrs.  Horace  G.  McKinley  would 
be  "At  Home"  to  their  friends  after  November  1,  1905,  on  their  homestead 
in  11-7.  It  was  a  fitting  climax  to  the  vaudeville  features  of  the  occasion,  and 
illustrates  fully  with  what  feathery  weight  the  serious  affairs  of  life  rested  upon 
those  most  concerned.  They  remained  for  awhile  in  Chicago,  but  later  took  a 
honeymoon  trip  to  the  Pacific  Coast.  Leaving  Marie  in  Seattle,  Horace  returned 
East,  and  I  met  him  in  Chicago  again.  Together  we  went  to  Minneapolis,  from 
whence  Horace  sent  for  Marie,  and  she  joined  him  there. 

Page    232 


While  we  were  in  Minneapolis,  McKinley  informed  me  that  he  might 
have  to  leave  the  country  for  awhile,  and  that  he  had  consulted  Chicago  attor- 
neys with  that  object  in  view.  They  had  given  him  a  synopsis  of  the  extradition 
laws,  showing  that  there  were  few  countries  he  could  go  to  where  he  would 
be  safe  from  extradition  under  the  treaty  laws  for  offenses  of  a  conspiracy  char- 
acter. He  virtually  had  his  choice  between  China  and  some  of  the  South 
American  republics. 

"No  doubt,  Steve,"  he  said,  in  explaining  matters,  "we  will  want  to  cor- 
respond with  each  other,  and  this  had  better  be  done  through  my  cousin,  Allie 
McKinley,  who  conducts  a  saloon  at  222  McAllister  street,  San  Francisco,  as  he 
can  be  trusted  on  account  of  his  relationship  to  me." 

Up  to  this  time  I  had  entertained  no  thought  that  McKinley  intended  to 
leave  the  country.  Soon  after  he  took  his  departure,  without  any  of  us  knowing 
his  destination,  and  later  he  wrote  to  Marie  from  Omaha,  stating  that  he  was 
en  route  to  either  Florida  or  San  Francisco,  and  it  would  be  uncertain  when  she 
would  hear  from  him  again.  It  developed  that  he  went  to  China,  and  it  was  a 
long  time  before  I  received  any  direct  word  from  him.  What  I  did  get  bore 
striking  evidence  that  all  the  humor  in  his  nature  had  not  been  entirely  obliterated 
by  contact  with  disagreeable  experiences.  One  of  his  communications  to  me  con- 
sisted of  a  photographic  postcard,  exhibiting  the  picture  of  a  Chinese  in  "stocks," 
the  form  of  punishment  for  certain  offenses  in  vogue  in  that  country.  Upon 
this,  in  his  familiar  handwriting,  McKinley  had  inscribed,  "This  Chink  stole  a 
piece  of  Government  land  in  China."  That  was  all,  but  it  struck  me  as  amply 
expressive.  He  did  not  even  sign  his  name,  but  it  was  unnecessary  for  him  to 
have  done  so,  as  the  whole  thing  spoke  volumes,  and  I  could  trace  his  facetious 
individuality  in  every  word.  A  facsimile  of  the  postcard  is  given  herewith. 


!*age   233 


Chapter  XV 


Describes  Fitter's  flight  from  the  Pacific  Coast  upon  learning  that  the  Oregon 
State  authorities  were  after  him  on  account  of  his  connection  with  alleged 
fraudulent  school  land  deals  in  that  State — Also  tells  about  the  various 
disguises  he  adopted  to  avoid  detection,  and  gives  the  inside  facts  pertain- 
ing to  his  unique  system  of  correspondence  wiY/i  his  family  and  friends  for 
the  purpose  of  baffling  pursuit. 

IN  visiting  Minneapolis,  about  the  latter  part  of  October,  1905,  I  was  surprised 
to  meet  Mrs.  Marie  \\are-McKinley,  in  company  with  her  mother-in-law,  Mrs. 
James  McKinley,  at  the  Nicholet  Hotel.  I  asked  Marie  as  to  the  whereabouts 
of  Horace,  whereupon  she  replied  to  the  effect  that  she  had  hoped  to  learn  from 
me  where  he  was,  as  he  had  left  for  parts  unknown  several  days  before.  Marie 
then  inquired  if  I  had  learned  of  any  trouble,  as  Horace's  actions,  she  stated,  de- 
noted that  all  was  not  right.  Being  in  the  dark  on  the  subject,  I  could  give  Marie 
no  information,  so  she  said  she  would  go  on  to  San  Francisco,  where  she  would 
remain  with  her  brother,  Joel  Ware,  until  something  definite  was  learned  about 
her  husband. 

From  Minneapolis  I  returned  to  Michigan,  where  I  remained  several  weeks, 
and  then,  concluding  to  go  home,  I  went  to  Chicago,  where  I  purchased  a  ticket 
for  Berkeley,  California.  At  Ogden,  I  secured  a  few  Portland  Oregonians  of 
recent  dates,  and  in  perusing  them  later,  I  noticed  an  article  stating  that  both 
McKinley  and  myself  were  wanted  in  Oregon  for  some  school  land  transactions 
of  an  alleged  fraudulent  nature,  reference  to  which  is  made  in  a  subsequent  chap- 
ter. 

Arriving  at  Berkeley,  my  wife  informed  me  that  some  officer  had  a  few 
days  previously  called  at  the  house  and  asked  if  I  were  in  the  city,  and  she  told 
him  that  I  had  last  been  heard  from  in  Chicago,  as  she  then  had  no  knowledge 
of  my  movements. 

Concluding  that  I  was  being  wanted  on  some  charge,  and  not  desiring  to 
return  to  Oregon  at  that  time,  as  I  was  then  under  $8,000  bonds,  and  did  not  wish 
to  be  put  to  the  trouble  of  finding  additional  sureties,  I  decided  to  go  to  Xew 
York,  where  I  was  unknown,  until  such  time  as  I  could  get  additional  information 
with  reference  to  the  charge  against  McKinley  and  myself,  and  communicate  with 
him  in  regard  to  the  matter. 

Xot  wishing  to  impose  the  necessity  of  falsity  on  my  wife,  because  of  her 
known  aversion  to  becoming  a  party  to  anything  of  the  kind,  I  told  her  that  I  was 
going  up  to  Humboldt  County,  Cal..  and  would  return  on  the  Steamer  Pomona  in 
about  ten  days.  I  did  not,  however,  have  any  intention  of  going  there,  but  if  she 
were  pressed  for  a  direct  answer  as  to  my  whereabouts,  she  would  be  enabled  to 
tell  the  whole  truth,  so  far  as  her  knowledge  went,  and  at  the  same  time,  I  would 
be  safe  from  detection. 

Gathering  together  what  few  things  I  might  require  for  a  short  trip,  in 
the  shape  of  wearing  apparel,  etc.,  I  took  the  Berkeley  train  to  the  Oakland  pier, 
and  crossing  the  bay  to  San  Francisco,  engaged  a  room  at  one  of  the  uptown 
hotels,  where  I  remained  three  days.  \Yhile  there.  I  called  on  Marie  to  ascertain 
if  she  had  received  any  information  concerning  her  husband  since  his  sudden 
departure.  She  stated  that  she  had  heard  of  Horace  having  sailed  for  the  Orient 
some  ten  days  previous  to  her  arrival  in  San  Francisco,  accompanied  by  "Little 
Egypt,"  a  notorious  muscle  dancer.  She  admitted  that  Horace  might  have  gone 
to  China — in  fact,  thought  it  probable  that  he  had — but  would  not  believe  that 

Page    234 


he  had  taken  Little  Egypt  with  him.  Marie  expected  daily  to  hear  from  her 
husband,  as  he  told  her  brother,  Joel  Ware,  that  he  would  write  when  settled, 
and  would  address  all  correspondence  direct  to  him  for  her. 

Leaving  Marie,  I  consulted  an  old  friend,  in  whom  I  had  implicit  confi- 
dence, for  the  purpose  of  making  arrangements  about  my  own  correspondence,  and 
put  him  "wise"  to  the  situation.  It  was  decided  between  us  that  in  order  to  cor- 
respond with  my  family  and  friends  and  to  receive  such  communications  from 
them  as  they  might  wish  to  send  me,  it  would  be  best  for  him  to  engage  a  postoffice 
box  in  San  Francisco  under  the  name  of  C.  C.  Cravet,  a  name  I  had  selected  at 
random  for  the  reason  that  there  was  none  similar  to  it  in  the  city  directory  of 
San  Francisco. 

After  renting  the  box,  my  friend  returned  to  his  home,  where  I  was  in 
waiting,  and  gave  me  the  number,  which  I  made  a  note  of  in  my  diary.  I  then 
instructed  him  to  visit  the  postoffice  for  mail  not  oftener  than  three  times  each 
week,  and  always  at  night,  and  under  no  circumstances  was  he  to  abstract  a  letter 
from  the  box  if  any  one  was  in  the  lobby.  I  instructed  him  further,  upon  receiv- 
ing mail  from  me  addressed  to  C.  C.  Cravet,  that  he  was  to  open  the  outer  envel- 
ope and  deliver  the  sealed  envelope  inside  to  whomsoever  it  might  be  directed.  All 
answers  to  my  letters  he  was  to  call  for  personally,  the  same  to  be  enclosed  in  a 
blank  envelope,  which  he  was  to  address  to  me  in  his  own  handwriting  to  J.  H. 
Brownell,  General  Delivery,  New  York  City. 

I  requested  my  friend  to  call  on  Mrs.  Marie  Ware  McKinley,  corner  of 
Bush  and  Jones  streets,  at  least  once  each  week  for  any  letters  she  might  have  for 
me  from  her  husband,  Horace  G.  McKinley.  Also  to  call  on  my  wife  at  Berkeley 
for  any  mail  she  might  wish  to  forward,  but  not  to  make  this  latter  visit  until 
after  he  had  received  a  letter  from  me  addressed  to  her.  It  was  distinctly  under- 
stood that  under  no  circumstances  was  my  friend  to  divulge  to  my  wife,  any  mem- 
ber of  my  family,  or  to  Marie  Ware  McKinley,  the  name,  J.  H.  Brownell,  which 
I  had  assumed ;  neither  was  my  whereabouts  to  be  made  known  to  them,  nor  was 
he  to  inform  them  as  to  the  name  or  manner  under  which  he  was  receiving  mail 
from  me.  Visiting  Marie  McKinley  again,  I  told  her  that  a  friend  of  mine  would 
probably  call  at  least  once  a  week  for  any  information  she  might  wish  to  communi- 
cate to  me  from  her  husband,  and  instructed  her,  in  all  cases,  to  seal  such  com- 
munications in  a  blank  envelope  before  delivering  it  to  this  friend,  who  would  take 
care  of  the  rest. 

As  to  the  name,  J.  H.  Brownell,  while  I  did  not  use  the  initials  of  the  only 
original  and  notorious  person  of  Oregon  political  fame,  I  could  not  resist  the 
temptation  of  employing  the  name  itself,  as  it  occurred  to  me  that  a  man  with 
George  C.  Brownell's  reputation  for  squeezing  out  of  tight  places,  however 
pinched  the  situation  or  small  the  hole,  could  not  help  but  bring  me  luck  if  I  were 
ever  surrounded  by  similar  conditions. 

In  explanation  of  the  great  precaution  taken  with  my  mail  to  avoid 
detection,  it  may  be  stated  that  I  became  quite  familiar  with  the  methods  adopted 
by  the  well  known  Government  secret  service  agent,  W.  J.  Burns,  during  the  land 
fraud  trials  in  Oregon.  He  had  often  related  to  me,  in  describing  past  adventures, 
of  the  difficulty  experienced  in  trailing  counterfeiters  and  other  Federal  criminals, 
in  which  cases,  he  would  frequently  be  obliged  to  resort  to  seeking  information 
through  the  mails  in  order  to  run  his  quarry  to  cover. 

It  is  well  known,  of  course,  that  Uncle  Sam  protects  the  patrons  of  his 
postoffice  department  to  the  extent  of  forbidding  any  one,  the  Government  detect- 
ives included,  from  meddling  with  mail  matter  in  transit  from  one  place  to 
another,  or  while  being  distributed  at  the  postoffices.  It  is  nevertheless  true  that  in 
certain  instances  and  under  pressing  circumstances  wherein  our  Uncle  himself  may 
be  concerned,  these  Secret  Service  men  of  the  Govrnment,  if  I  am  to  take  Mr. 
Burns'  statement  seriously,  have  a  peculiar  habit  of  camping  on  the  mail  over- 
night, with  the  result  that  they  are  very  much  enlightened  in  the  morning  concern- 
ing the  contents  of  certain  letters  over  which  they  have  slumbered. 

Page    235 


Having  made  all  arrangements  with  regard  to  the  forwarding  of  my  mail, 
and  being  anxious  to  leave  the  city  without  further  delay,  as  the  daily  papers,  at 
this  time,  were  making  frequent  mention  of  the  official  desire  to  apprehend  McKin- 
ley  and  myself,  I  decided  on  adopting  some  little  disguise  by  way  of  extra  precau- 
tion, so  I  proceeded  to  a  barber  shop  in  a  remote  section  of  the  city,  where  I  was 
relieved  of  my  moustache,  much  to  the  disarrangement  of  my  facial  beauty,  to  say 
nothing  of  my  personal  pride.  I  then  repaired  to  a  haberdasher  establishment, 
where  I  purchased  a  line  of  wearing  apparel,  altogether  different  from  anything 
which  I  was  accustomed  to  wear,  including  a  very  lorg,  light-colored  coat,  besides 
a  slouch  hat,  of  the  genuine  cowboy  style.  In  addition  to  this,  I  purchased  a  pair 
of  gold-rimmed  spectacles,  which  materially  changed  my  appearance.  Calling  on 
my  friend  again,  for  the  purpose  of  making  further  arrangements  in  regard  to  my 
mail,  as  well  as  concerning  plans  for  my  departure  from  the  city,  I  was  much  sur- 
prised and  gratified  to  observe  that  neither  himself  nor  his  sister  recognized  me 
until  I  spoke. 

At  my.  request  he  purchased  a  ticket  for  me  to  New  York  City,  over  the 
Santa  Fe  line,  via  Kansas  City  and  St.  Louis,  checking  my  trunk  direct  to  New 
York.  I  also  instructed  him  to  take  the  Santa  Fe  ferry  boat  from  San  Francisco 
to  Point  Richmond,  at  which  point  I  would  meet  him.  when  he  could  hand  me  my 
transportation  and  trunk  check.  At  9  o'clock  that  evening,  I  took  the  ferry  boat 
for  Oakland,  thence  by  street  car  through  Berkeley  to  Point  Richmond,  arriving 
there  at  11  o'clock,  just  in  time  to  see  my  friend  and  catch  the  train.  It  being 
late,  and  feeling  fatigued  after  my  day's  running  around,  I  went  direct  to  my  berth 
and  retired  for  the  night.  On  the  morning  following,  while  on  my  way  to  the 
dining  car,  I  was  particular  to  observe  every  one  with  whom  I  came  in  contact  and 
was  pleased  to  know  there  were  no  familiar  faces  on  the  train. 

Upon  arriving  in  New  York  City,  I  registered  at  the  Cadilac  Hotel,  43rd 
and  Broadway,  under  the  name  of  R.  S.  Barr,  Chicago,  Ills.,  remaining  there  about 
a  fortnight.  During  this  time  I  did  not  seclude  myself,  being  on  the  streets  every 
day,  nor  did  I  attempt  any  further  disguise  than  that  adopted  immediately  before 
leaving  San  Francisco.  I  felt  perfectly  safe  in  New  York  City,  as  the  transient 
population  is  very  large,  and  one  might  easily  travel  about  the  city  for  months  at 
a  time  without  any  fear  of  recognition,  even  without  any  disguise. 

My  first  act  upon  arriving  in  New  York  was  to  write  to  my  wife,  dating 
the  letter  from  Vancouver,  B.  C.,  although  I  did  not  make  any  reference  to  my 
real  address,  creating  the  impression  that  I  was  in  that  city  at  the  time  of  writing. 
This  letter  was  inclosed  in  an  envelope  addressed  to  Mrs.  S.  A.  D.  Puter,  Berkeley, 
Cal.,  and  it  in  turn  was  placed  in  another  envelope,  addressed  to  C.  C.  Cravet,  Box 
371,  San  Francisco,  Cal.  Upon  receiving  reply,  about  nine  days  later,  which  came 
through  to  J.  H.  Brownell,  care  General  Delivery,  New  York  City,  I  felt 
assured  that,  for  a  starter,  at  least,  my  mail  system  was  working  to  perfection.  In 
her  letter  my  wife  expressed  great  surprise  relative  to  my  whereabouts,  as  she  was 
under  the  impression  I  had  gone  to  Humboldt  County,  Cal.,  and  for  some  time  had 
been  expecting  me  home. 

As  things  were  becoming  monotonous,  I  decided  to  go  to  Boston,  and  pass 
a  few  days  in  sightseeing.  Arriving  there,  I  registered  at  the  Lexington  Hotel, 
still  using  the  name  R.  S.  Barr.  of  Chicago.  After  remaining  about  ten  days,  I 
took  quite  a  liking  to  the  historic  old  city,  so  returned  to  New  York  for  my  trunk 
and  mail  and  then  came  back  to  Boston. 

In  the  mail  was  a  letter  from  my  wife,  in  which  she  informed  me  that  two 
officers  had  called  at  the  house,  stating  that  they  had  a  search  warrant  for  me,  and 
had  demanded  permission  to  search  the  premises.  My  wife  informed  me  that  she 
protested  against  any  such  action  on  their  part,  assuring  them  that  I  \vas  not  at 
home,  and  that  I  had  not  been  in  the  city  for  several  weeks.  However,  she  had 
consented  to  the  search  being  made  after  they  asserted  their  authority  to  do  so. 

My  wife's  description  of  the  manner  in  which  the  two  officers  went  through 
my  house,  from  garret  to  basement,  was  very  amusing.  With  fine  clothes  and 

Page  236 


State  Senator  Robert  A.  Booth,  Vice- President  of  the  Booth- Kelly 

Lumber  Company,  under  indictment  for 

Oregon  land  frauds 


spotless  linen  at  the  beginning  of  their  search,  because  of  their  persistency  in 
going  through  every  old  box  in  the  garret  and  storeroom,  they  left  looking  much 
like  a  brace  of  professional  chimney-sweeps.  They  had  gone  through  everything 
— had  even  thrown  the  laundry  out  of  the  clothes-bag  and  inspected  the  inside  to 
make  sure  that  I  was  not  sticking  to  the  bottom.  Finally  the  chimneys  were 
probed,  until  the  sleuths  had  bespattered  themselves — and  everything  else — with 
an  ancient  accumulation  of  soot,  and  not  until  the  very  walls  of  every  room  had 
been  carefully  sounded,  were  they  satisfied  to  give  it  up  as  a  bad  job. 

This  letter  was  the  first  authentic  informatoin  I  had  received  that  satisfied 
me  the  officers  were  really  wanting  me,  though  I  suspected  from  newspaper  reports 
that  such  was  the  case.  However,  I  felt  very  much  gratified  to  learn,  as  this  letter 
indicated,  that  the  officers  were  altogether  off  the  scent. 

On  this  second  visit  to  Boston,  I  put  up  at  the  Thorndyke  Hotel  and  con- 
tinued to  walk  about  the  streets  and  visit  the  theaters,  as  I  had  been  accustomed  to 
doing  in  New  York  City,  using  a  little  more  precaution,  however,  by  way  of 
disguise,  having  adopted  the  use  of  goggles,  which  enabled  me  to  recognize  famil- 
iar faces  on  the  street  without  exciting  comment. 

During  my  two  weeks'  stay  at  the  Thorndyke,  I  recognized  two  or  three 
familiar  faces  from  the  Pacific  Coast,  so  I  concluded  it  would  be  safer  to  stop  at 
some  private  boarding  house,  not  so  centrally  located,  where  I  would  be  less  liable 
to  detection.  This  I  found  in  a  private  family  on  Massachusetts  Avenue,  opposite 
the  Fenway  branch  postoffice,  where  L  engaged  board  and  room  by  the  week.  I 
was  now  located  in  the  fashionable  residence  district  about  a  mile  and  a  half  from 
the  center  of  the  city.  After  my  week  was  up,  the  place  having  proved  entirely 
satisfactory,  I  engaged  room  and  board  by  the  month,  as  I  expected  to  remain 
some  time,  or  until  I  could  learn  definitely  how  matters  stood. 

In  the  meantime.  I  received  several  letters  from  my  wife,  through  C.  C. 
Cravet,  all  of  which  had  come  through  the  General  Delivery  Department  of  the 
main  or  downtown  postoffice;  so  after  becoming  located  in  my  new  quarters.  I 
wrote  and  instructed  him  to  address  all  mail  in  future  to  the  Fenway  branch  post- 
office,  care  General  Delivery. 

The  first  letter  received  at  the  new  address  was  from  Horace  G.  McKinley, 
dated  at  Shanghai.  China,  which  he  had  forwarded  to  his  wife  with  instructions  to 
send  to  me.  It  contained  little  news  of  importance,  further  than  to  apprise  me  that 
he  was  in  Shanghai,  and  that  he  was  undecided  about  his  future  movements.  He 
stated  also  that  he  had  made  arrangements  with  his  cousin,  Allie  McKinley,  of 
McAllister  street,  San  Francisco,  whereby  myself  and  other  friends  might  cor- 
respond with  him  in  safety,  and  requested  me  to  send  my  reply,  and  all  future 
communications,  to  Allie.  to  be  readdressed  by  him  in  China. 

Horace  spoke  of  his  cousin  as  being  thoroughly  reliable  and  trustworthy 
and  a  person  in  whom  I  might  place  every  confidence  without  reservation,  and 
urged  that  I  adopt  this  means  of  communicating  with  him,  rather  than  to  try  to 
reach  him  through  any  other  source. 

While  I  had  no  reason  to  question  Horace's  opinion,  or  to  believe  that  his 
confidence  in  Allie  had  been  misplaced,  at  the  same  time,  I  had  made  my  own 
arrangements  as  to  how  I  should  communicate  with  friends,  so  instead  of  follow- 
ing Horace's  advice  in  making  reply.  I  sent  it  direct  to  my  friend  C.  C.  Cravet. 
who  delivered  the  letter  in  person  to  Mrs.  Marie  Ware  McKinley.  who  was  to  for- 
ward it  to  her  husband. 

In  Horace's  second  letter,  received  a  few  weeks  after  the  first,  he  appeared 
anxious  to  learn  if  it  were  possible  to  adjust  the  difficulties  into  which  he  had 
recently  become  plunged,  stating  that  in  such  event  he  would  gladly  return  to  the 
United  States.  Replying  to  this  inquiry.  I  assured  him  that  I  was  not  in  a  position 
to  give  him  the  desired  information,  for  although  I  had  written  to  all  the  parties 
with  whom  he  had  dealings  in  school  lands,  I  had  not,  at  the  time  of  writing, 
received  answers  to  any  of  my  letters. 

Page    238 


During  the  three  months  I  was  in  Boston,  it  was  my  custom  to  make  daily 
visits  to  the  public  library  for  the  purpose  of  scrutinizing  the  columns  of  the  Port- 
land Oregonian,  that  I  might  keep  in  touch  with  affairs  on  the  Pacific  Coast,  and 
more  particularly,  that  I  might  learn  if  there  was  anything  new  in  my  case.  In 
looking  over  its  columns,  about  the  first  of  February,  1906,  I  noticed  an  article 
stating  that  Francis  J.  Heney  had  instructed  W.  J.  Burns,  the  detective,  to  appre- 
hend Horace  G.  McKinley  and  myself,  and  bring  us  into  camp  forthwith.  I 
had  realized  for  some  time,  because  of  the  search  made  of  my  house  in  Berkeley, 
that  I  was  being  wanted  by  someone,  but  had  no  positive  knowledge,  until  read- 
ing the  article  in  question,  that  the  Government  officials  were  concerning  them- 
selves as  to  my  whereabouts. 

As  I  was  under  $8,000  bonds  to  the  Government,  and  had  no  thought 
of  running  away  from  the  Federal  charges,  my  first  impulse  was  to  wire  Mr. 
Heney  to  that  effect,  and  to  state,  in  substance,  that  I  would  be  on  hand  when 
wanted.  However,  as  I  had  not  yet  heard  from  those  to  whom  I  had  written 
with  reference  to  the  State  land  trouble,  and  believing  that  the  Government  was 
not  yet  ready  to  go  to  trial  on  cases  in  which  I  was  concerned,  and  as  I  con- 
sidered myself  reasonably  secure  from  detection  and  was  desirous  of  securing 
additional  time  in  which  I  hoped  to  adjust  the  other  difficulty,  I  decided  to  remain 
in  my  present  state  of  seclusion  for  awhile  longer.  Meantime,  I  continued  in 
correspondence  with  my  family  and  others  as  usual,  and  concluded  that  so  far 
as  my  method  of  postal  communication  was  concerned,  there  was  no  danger  of 
my  hiding  place  being  discovered. 


• 


' 
j. 


Indian  grave  constructed  of  drift  wood  on 
St.  Michaels  Island,  A  laska 


Page   239 


Chapter  XVI 

Full  particulars  regarding  Fitter's  c.rciting  capture  bv  Secret  Sen-ice  Agent  Burns 
at  the  Fenway  Branch  Postoffice  in  Boston,  on  the  night  of  March  26,  /pod. 
and  his  subsequent  sensational  escape  from  tlu  famous  Government  sleuth 
— Clever  plans  are  prepared  for  ensnaring  the  land  fraud  king,  but  the 
postmaster's  blunder  upsets  calculations — Puter's  gun-pla\  after  a  fierce 
battle  on  the  sidewalk  causes  the  great  detective  to  beat  an  unceremonious 
retreat  and  enables  the  wily  land  grabber  to  get  arc-ay — Details  successful 
efforts  to  ez'ade  re-capture,  and  tells  about  his  wanderings  following 
escape  from  Burns. 

BUT  I  had  reckoned  unwisely,  for  while  it  must  be  admitted  that  every  reason- 
able precaution  had  been  adopted  by  me  relative  to  my  correspondence,  and 

beyond  any  question  of  doubt  my  friend  Cravet  had  discharged  faithfully 
the  trust  imposed  upon  him,  at  the  same  time  I  had  overlooked  the  fact  that 
"Foxy  Quiller"  Burns  was  on  my  trail,  and  if  he  became  set  on  making  a  capture, 
would  find  the  means  of  running  me  down. 

About  5 :30  o'clock  on  the  afternoon  of  March  26,  1906,  I  visited  the 
public  library  in  Boston,  as  was  my  usual  custom,  for  the  purpose  of  looking 
over  the  files  of  the  Portland  Morning  Oregonian,  in  order  to  keep  in  touch  with 
affairs  at  home,  and  while  en  route  to  my  room,  stepped  into  the  Fenway  branch 
postoffice  and  inquired  for  my  mail.  It  struck  me  as  rather  peculiar  that  the 
postmaster  should  respond  offhand  in  an  unusually  loud  tone  of  voice.  "Yes, 
Mr.  Brownell,  I  believe  we  have  a  letter  for  you !"  but  I  did  not  give  it  much 
thought,  and  took  more  interest  in  watching  him  sort  over  the  mail.  He  finally 
handed  me  a  letter,  which  I  placed  in  my  pocket  and  was  on  the  point  of  taking 
my  departure  when  I  received  a  light  tap  on  the  shoulder.  Glancing  quickly 
around,  whom  should  I  behold  but  the  immortal  William  J.  Burns  himself,  and 
as  one  glad  to  meet  an  old  friend,  he  extended  his  hand  with  the  remark : 

"Hello,  Steve,  how  are  you?" 

Returning  his  cordial  greeting,  I  expressed  surprise  at  meeting  him  in 
Boston,  remarking  that  I  supposed  he  was  still  on  the  Pacific  Coa^. 

"Well.  I  am  everywhere,  you  see,"  explained  Burns.  "Step  into  the  pri- 
vate office,  Steve,  and  I  will  tell  you  how  it  happened,"  he  continued. 

Making  a  swift  sweep  of  the  lobby  with  my  eyes,  apparently  unconcerned, 
I  noticed  a  number  of  persons  of  both  sexes  moving  about,  but  one  man  in 
particular  impressed  me  as  keeping  a  close  watch  on  Burns'  actions,  as  if  with 
the  intention  of  assisting  him  should  occasion  require. 

In  compliance  with  the  request,  I  stepped  into  the  private  office  of  the 
postmaster,  and  taking  seats,  we  entered  into  a  general  conversation.  Noting 
that  I  had  taken  from  my  pocket  the  letter  just  received,  and  was  holding  it  in 
my  hand,  Burns  suggested  that  I  open  and  read  it,  as  it  was  probably  from  my 
wife.  I  proceeded  to  do  so,  when  a  small  newspaper  clipping  dropped  from  the 
envelope  to  the  floor.  Observing  this,  Burns  said  : 

"That  is  an  article  regarding  McKinley's  escape  to  China  with  'Little 
Egypt,'  and  will  prove  of  interest  to  you !" 

With  this  remark,  the  thought  immediately  flashed  through  my  mind  that 
the  wily  detective  had  enjoyed  another  "sleep"  on  the  mail  sack. 

Observing  that  the  Boston  postmark  on  the  back  of  the  envelope  indicated 
that  the  letter  had  arrived  that  day.  and  recalling  that  I  had  inquired  for  my 
mail  the  day  before,  as  well  as  on  that  identical  morning,  I  concluded  that  my 

Page   240 


William  J.  Burns,  the  famous  Government  sleuth,  from  whom 

Puter  made  his  sensational  escape  in  Boston  on 

the  night  of  March  26,  1906 


friend  Burns  had  just  reached  town.  I  would  not  insinuate  for  a  moment 
that  the  Government  sleuth  carried  my  letter  with  him  all  the  way  from  Berkeley, 
California,  to  Boston,  but  of  one  thing  I  felt  certain,  and  my  assumptions  after- 
wards proved  correct — Burns  and  the  letter  arrived  in  the  Eastern  city  simul- 
taneously. My  readers  may  therefore  draw  their  own  conclusions  as  to  how. 
when  and  where  he  became  possessed  of  the  knowledge  9iat  this  particular 
epistle  was  from  my  wife,  and  that  the  clipping  it  contained  was  a  graphic 
description  of  McKinley's  escape  to  the  balmy  shores  of  the  Orient. 

Opening  the  letter,  I  made  every  pretense  of  perusing  it.  Another  thought. 
however,  occupied  my  mind.  Realizing,  as  I  did,  that  the  critical  moment  had 
arrived,  it  was  a  question  with  me  as  to  just  how  I  should  act,  particularly  having 
in  view  the  idea  that  to  keep  cool  was  my  only  salvation.  This  had  been  im- 
pressed upon  me  from  the  very  moment  that  Burns  had  electrified  my  entire 
nervous  system  by  his  magnetic  touch  on  my  shoulder. 

It  was  the  recollection  of  the  many  stories  told  me  by  Burns  himself 
during  the  period  he  was  gathering  evidence  in  the  land  fraud  trials  at  Portland, 
that  put  me  on  my  guard.  I  was  with  him  a  greater  portion  of  that  time,  and  we 
became  quite  confidential  to  a  certain  degree.  He  had  often  related  thrilling 
anecdotes  connected  with  his  capture  of  dangerous  criminals,  and  had  invariably 
attributed  his  success  to  the  bold  and  fearless  manner  in  which  he  would  go 
after  them,  laying  particular  stress  upon  the  necessity  for  keeping  his  head  under 
the  most  trying  circumstances.  Therefore,  if  I  hoped  to  accomplish  result?,  I 
must  follow  the  teachings  of  this  past  master  of  the  art,  and  through  the  adop- 
tion of  his  tactics,  it  will  be  seen  later  how  the  pupil  eclipsed  his  instructor. 

Glancing  hurriedly  through  the  letter,  as  if  to  make  casual  note  of  its 
contents,  I  finally  settled  down  to  an  ostensible  careful  perusal,  but  in  reality  as 
a  measure  for  gaining  further  time,  as  night  was  wearing  on,  and  I  eagerly 
welcomed  the  darkness.  When  I  thought  it  impossible  to  give  the  letter  more 
attention  without  arousing  suspicion,  I  placed  it  in  the  envelope  and  methodically 
returned  it  to  my  pocket,  after  which  we  proceeded  to  engage  in  general  con- 
versation once  more. 

He  asked  me  all  about  matters  in  which  we  were  mutually  interested :  how 
long  I  had  been  East,  and  what  I  was  doing  in  Boston ;  had  I  heard  from 
McKinley?  and  why  did  he  run  away?  The  subject  of  my  home  affairs  also 
engrossed  the  careful  consideration  of  my  distinguished  host,  and  the  Oregon 
land  fraud  situation  formed  an  interesting  feature  of  our  discussion. 

I  felt,  as  the  moments  passed,  that  each  would  be  my  last  in  the  postoffice, 
and  that  Burns  would  soon  suggest  a  change  of  base.  I  could  not  understand, 
at  the  moment,  why  he  did  not  broach  the  subject  of  his  mission  to  Boston,  as 
I  knew  full  well  that  his  sole  purpose  in  coming  there  was  to  place  me  under 
arrest.  It  developed,  however,  that  he,  like  myself,  was  playing  for  time,  but 
with  another  object  in  view.  In  my  case.  I  hoped  for  night  to  come  that  I  might 
make  good  my  escape ;  with  him,  it  was  a  question  of  delay  in  order  to  surround 
himself  with  sufficient  force  to  effect  my  capture  without  difficulty,  and  prevent 
any  possible  chance  of  escape. 

Detective  Burns,  when  he  first  arrived  at  the  Fenway  postoffice.  had 
arranged  with  the  postmaster  that  the  police  department  should  be  notified  imme- 
diately after  my  appearance,  when  a  squad  of  patrolmen  should  be  sent  to  escort 
me  to  the  station.  It  was  also  agreed  between  them  that  the  postmaster,  upon 
arrival  of  these  reinforcements,  should  tap  gently  with  his  pencil  the  frosted 
window  of  his  private  office,  which  was  to  be  the  signal  to  Burns  that  everything 
was  in  readiness.  This  precaution  had  never  occurred  to  me.  and  when,  in  the 
general  course  of  business,  the  postmaster  accidentally  dropped  his  lead  pencil, 
its  ringing  notes  fell  as  a  signal  upon  expectant  ears,  and  brought  with  them  a 
complete  change  in  the  demeanor  of  my  entertainer.  Rising  brusquely  from  his 
seat,  and  addressing  me  in  the  coldest  tones  imaginable,  with  a  light  in  his  eyes 
that  told  its  own  story  of  suddenly  acquired  confidence,  he  said : 

Page  242 


"You  are  aware,  no  doubt,  Puter,  that  I  have  a  warrant  for  you,  and  that 
you  will  be  obliged  to  return  with  me  to  Oregon?" 

"Yes,  Mr.  Burns,  I  presumed  as  much  when  you  first  spoke  to  me,"  was 
my  rejoinder. 

"Well,  Steve,  come  along  then — we  will  be  on  our  way  to  the  station," 
continued  Burns,  at  the  same  time  grabbing  me  roughly  by  the  coat  sleeve.  As 
he  said  this,  there  was  another  noticeable  transformation  in  the  man's  conduct 
towards  me,  and  had  I  not  been  prepared  for  it  in  a  way,  his  heartless  manner 
might  have  worked  my  complete  collapse  and  upset  all  my  plans.  It  was  the 
change  from  Burns,  the  man  sociable — my  friend — to  Burns  the  detective,  cold 
and  severe ! 

At  this  point  I  made  some  effort  to  parley  with  him,  still  hoping  to  gain 
a  little  more  time  by  the  operation.  We  had  reached  the  door  of  the  private 
office,  and  it  was  partially  open.  Standing  thus,  I  endeavored  to  secure  from 
him  an  admission  as  to  the  particular  cause  of  my  arrest,  as  I  was  still  under  bond 
to  the  Government  in  all  the  Federal  cases  against  me,  and  could  not  understand 
what  motive  prompted  a  Government  official  to  demand  my  return  to  Oregon 
when  I  felt  satisfied  that  whatever  new  criminal  proceedings  had  been  instituted 
against  me  were  the  result  of  State  charges. 

However,  when  I  saw  that  it  was  useless  to  attempt  any  further  delay 
along  these  lines,  I  apparently  gave  in,  and  consented  to  do  as  he  desired,  but 
requested  the  privilege  of  being  permitted  to  go  to  my  room  for  my  grip  and 
suitcase  and  such  clothing  as  I  might  require  for  the  journey  West.  My  object 
in  making  this  request  was  to  get  Burns  where  I  knew  he  was  unacquainted,  and 
to  a  locality  where  I  was  familiar  with  every  nook  and  corner,  and  because  of 
this  knowledge  of  surroundings,  to  give  him  the  slip  and  get  away. 

But  "Foxy  Quiller"  Burns  evidently  suspected  my  object,  and  avoided  the 
trap,  so  I  dropped  the  subject  without  further  comment.  I  knew,  as  a  matter  of 
fact,  that  my  opportunity  would  come,  and  concluded  to  be  patient  until  that  time 
arrived.  My  watchword,  as  in  the  beginning,  was  to  keep  cool. 

After  we  had  stepped  into  the  lobby  of  the  postoffice,  I  glanced  around,  and 
to  my  surprise  and  satisfaction,  I  observed  but  one  man  present — the  one  who 
had  been  there  when  we  entered  the  private  office.  A  number  of  women  were 
also  moving  about,  attending  to  postal  matters,  but  they  did  not  interest  me  so 
much  as  to  know  that  so  far  as  Burns  and  myself  were  concerned,  we  were  prac- 
tically alone. 

This  idea  must  have  been  uppermost  in  the  mind  of  my  captor,  because, 
upon  reaching  the  street,  still  arm  in  arm,  there  was  a  look  of  keen  disappointment 
on  Burns'  countenance!  He  was  manifestly  agitated,  and  his  air  of  supreme  con- 
fidence that  had  reigned  with  such  visible  force  a  few  moments  previously,  had 
apparently  deserted  him.  He  glanced  uneasily  around  from  right  to  left  as  if 
seeking  somebody,  and  all  his  actions  indicated  clearly  that  he  was  very  much  at 
sea  over  some  unexpected  situation. 

Knowing  that  the  police  station  was  but  two  blocks  away,  I  realized  that 
the  time  for  action  had  arrived,  and  that  something  must  be  done  without  delay. 
I  anticipated,  as  a  matter  of  course,  upon  reaching  the  corner,  that  Burns  would 
turn  to  the  right  for  the  purpose  of  walking  me  directly  to  the  station,  but  instead 
he  stopped,  or  hesitated,  as  it  were,  and  I  could  now  see  that  the  great,  bold  and 
daring  Burns,  the  one  fearless  detective  who  was  reputed  to  be  the  personification 
of  an  iceberg  itself,  even  under  the  most  trying  conditions,  had  really  become 
excited. 

Upon  reaching  the  corner  and  glancing  about  again,  he  noticed  a  car 
approaching  and  suggested  that  we  take  it.  Realizing  at  once  that  he  was  in 
ignorance  relative  to  the  close  proximity  of  the  station,  and  as  a  measure  to  gain 
further  time,  I  remarked : 

"Didn't  you  say  we  were  going  to  the  police  station?" 

"Yes,"  replied  Burns. 

Page    243 


"All  right,"  I  ventured ;  "but  that  is  not  our  car.  It  will  probably  be  the 
one  following  or  the  next  after  that." 

From  the  moment  of  leaving  the  postoffice,  I  had  been  planning  as  to  just 
how  and  when  I  should  attempt  to  reach  my  revolver,  which  was  in  a  rear  trou- 
sers pocket,  and  difficult  to  get  hold  of  on  account  of  the  long,  heavy  overcoat  I 
was  wearing.  I  must,  of  necessity,  get  my  hands  on  it,  and  at  the  same  time 
avoid  arousing  suspicion — but  how  ? 

Burns'  uneasiness  and  the  excitement  under  which  he  was  laboring  gave 
me  much  encouragement,  and  was  just  the  kind  of  stimulant  I  required  for  action. 

The  corner  upon  which  we  were  standing  was  a  very  busy  one,  more  espe- 
cially at  this  time  of  evening,  as  it  was  now  shortly  after  6  o'clock. 

The  accompanying  cut  shows  the  Fenway  postoffice.  located  at  the  corner 
of  Boylston  street  and  Massachusetts  Avenue,  in  the  State  Street  Trust  Com- 
pany's branch  building. 

As  the  cars  were  coming  thick  and  fast,  crowded  with  passengers,  most 
of  whom  were  obliged  to  transfer  at  this  particular  point,  and  secure  transfers 
from  the  agent  who  stood  at  the  electric  pole  to  the  left,  as  shown  in  the  photo- 
graph, and  in  doing  so,  were  obliged  to  pass  directly  by  where  Burns  and  myself 
were  standing,  I  concluded,  because  of  the  rush  and  confusion  incident  to  the 
situation,  that  my  opportunity  had  arrived. 

I  was  watching  with  eagerness  the  cars  as  they  came  from  every  direction, 
and  particularly  the  one  upon  which  we  were  supposed  to  depart.  Waiting 
patiently  for  that  supreme  moment  when  I  could  decide  that  our  surroundings 
had  reached  the  climax  of  all  possible  expectation  in  the  way  of  a  crowded  condi- 
tion, ever  hoping  that  the  moment  might  arrive  when  the  congestion  of  moving 
humanity  would  become  still  more  intense — as  I  stood  thus,  all  hope,  all  expect- 
ancy, I  could  see  our  car  nearing  the  corner,  with  but  one  in  advance.  As  through 
providential  kindness,  it  was  crowded  to  the  very  limit.  It  would,  in  common 
with  others,  unload  its  human  burden,  and  the  transfer  man  would  again  become 
overwhelmed  with  business. 

Some  ruse,  some  excuse,  something,  anything — but  what  ?  Happy  thought ! 
My  handkerchief,  which  was  in  an  inside  pocket  of  my  overcoat,  was  soon  in 
hand,  and  after  apparently  mopping  my  face,  I  proceeded  to  replace  it.  but  not, 
however,  from  whence  it  came.  The  hind  pocket  of  my  trousers  would  prove  a 
better  receptacle,  so  carelessly  thrusting  the  flap  of  my  overcoat  to  one  side.  I 
made  a  pretense  of  executing  this  intention. 

The  scene  changed !  The  handkerchief  fluttered  carelessly  to  the  sidewalk, 
and  from  the  recesses  of  my  pocket  came  a  murderous  looking  object  that  must 
have  struck  terror  in  the  heart  of  my  captor,  if  his  subsequent  conduct  is  any  cri- 
terion. In  leveling  the  weapon  at  his  head,  I  had  broken  from  his  grasp,  but 
quick  as  a  flash,  and  doubtless  inspired  by  fear,  as  I  cannot  account  for  his  fool- 
hardiness  upon  any  other  hypothesis,  Burns  pounced  upon  me  in  an  effort  to 
secure  possession  of  the  weapon. 

Thereupon  I  seized  him  by  the  shirt  collar  and  held  him  at  arm's  length 
with  my  left  hand,  while  with  the  other  I  still  kept  him  securely  covered.  Our 
position  at  this  time  enabled  me  to  obtain  a  glimpse  of  his  supposed  assistant,  who 
stood  some  ten  feet  away  and  directly  behind  him.  although  making  no  apparent 
effort  to  aid  his  chief,  if  such  he  proved  to  be.  The  policeman,  whose  station  was 
at  the  intersection  of  the  streets,  was  some  ten  or  fifteen  feet  further  back,  and 
somewhat  to  the  right,  and  evidently  too  deeply  engrossed  with  his  duties  in 
caring  for  the  crowd  to  note  what  was  occurring.  As  to  his  knowledge  of  exist- 
ing conditions.  I  cannot  speak  authoritatively.  I  do  know,  however,  that  he  failed 
to  take  an  active  part  in  the  lively  scrimmage,  or  in  fact  pay  any  heed  to  it  what- 
soever. 

Burns  continued  to  struggle  desperately  with  me  that  he  might  gain  a 
more  advantageous  position,  hoping,  no  doubt,  to  close  in  on  me  and  secure  the 
weapon ;  but  my  hold  upon  his  collar  was  too  firm,  and  the  best  he  could  do  was 

Page  244 


to  tug  "frantically  at  my  left  arm,  which  he  grasped  tightly.  Struggling  thus,  we 
backed  up  against  the  side  of  the  building,  and  as  we  contested  every  inch  of 
ground,  I  threatened  him  with  certain  death  unless  he  released  his  hold. 

"For  God's  sake,  Steve,  don't  shoot!"  he  implored. 

It  must  have  been  that  fear  got  the  better  of  his  judgment  when  he  exposed 
himself  thus,  as  he  ought  to  have  realized  my  desperate  position. 

Finally,  after  a  herculean  effort,  I  managed  to  throw  him  up  against  the 
wall  with  such  force  that  I  was  enabled  to  wrench  myself  loose,  and  before  he 
could  recover,  I  had  separated  myself  from  the  redoubtable  sleuth  by  the  respect- 
able distance  of  two  or  three  yards. 

Realizing  that  "Richard  is  himself  again,"  and  fearing  that  he  might  make 
another  attempt  to  lay  hands  on  me,  I  advanced  towards  him  resolutely,  with 
revolver  pointed  directly  at  his  head,  and  a  look  of  fixed  determination  in  my 
face,  and  told  him  that  I  would  kill  him  dead  on  the  spot  if  he  attempted  to  pull 
his  gun.  "Damn  you,  go !"  I  demanded,  menacingly. 

At  this,  and  with  the  evident  thought  that  I  intended  to  carry  out  my 
threat,  the  great  detective  turned  tail  and  ran  in  the  direction  of  the  postoffice 
corner,  where  he  found  shelter  behind  a  friendly  pillar. 

Wheeling  around  on  the  sidewalk,  with  revolver  still  in  hand,  I  covered 
the  man  whom  I  had  all  along  suspected  was  Burns'  assistant,  and  ordered  him 
to  decamp.  He  lost  no  time  in  doing  so,  but  I  have  since  come  to  the  conclusion 
that  I  was  mistaken  as  to  his  identity,  and  that  he  had  merely  become  attracted 
to  the  scene  out  of  idle  curiosity. 

A  number  of  women  had  flocked  out  of  the  postoffice  building  while  the 
struggle  between  Burns  and  myself  was  at  its  height,  and  were  gathered  in  terror 
along  the  sidewalk.  Pointing  my  revolver  in  their  direction,  I  ordered  them  to 
proceed  in  advance  of  me,  as  I  knew  that  Burns  would  not  dare  to  shoot  while  I 
was  thus  protected.  Using  them  thus  as  a  shield  to  cover  my  retreat  to  the  corner 
below,  and  perceiving  that  Burns  had  not  emerged  from  his  position,  I  thanked 
the  ladies  profusely  for  their  kindness  in  thus  aiding  me,  informing  them  at  the 
same  time  that  they  had  probably  saved  my  life,  and  after  tipping  my  hat  to  them 
in  the  most  courteous  manner  possible,  I  hiked  down  a  narrow  side  street  at 
breakneck  speed. 

Proceeding  thus  about  half  a  block,  I  turned  suddenly  into  an  alleyway 
which  extended  to  the  left  a  distance  of  several  blocks.  I  had  continued  my  flight 
down  this  alley  but  fifty  or  sixty  yards  when  I  discovered  that  I  was  completey 
winded,  and  on  the  point  of  collapse ;  so  seeing  a  door  open  in  what  proved  to  be 
the  common  basement  for  a  series  of  large  flats,  I  dodged  in,  hoping  to  gain  an 
exit  to  the  street  in  front. 

Upon  entering  the  basement  and  making  an  investigation,  I  found  that 
I  was  in  a  trap,  as  the  street  in  front  of  the  buildings  was  much  higher  in  eleva- 
tion than  the  alley  from  whence  I  had  just  come,  and  as  a  consequence,  there  was 
no  means  of  egress  in  that  direction.  Returning  towards  the  entrance,  I  dis- 
cerned, by  the  aid  of  a  subdued  gaslight,  that  a  stairway  led  from  the  basement 
to  the  flats  above,  but  not  having  any  idea  then  as  to  where  it  might  lead,  I 
though  to  avoid  it  and  take  chances  in  the  alleyway,  hoping  to  smuggle  myself 
in  the  crowd  by  some  process  and  escape  detection. 

\Yhen  I  reached  the  door  again,  I  hesitated  long  enough  to  obtain  a  breath 
of  fresh  air,  but  did  not  linger,  as  the  clamor  of  voices,  accompanied  by  the  sound 
of  approaching  footsteps,  aroused  my  mind  and  body  to  quick  action.  They 
were  now  at  the  very  entrance  itself,  eager  as  a  pack  of  wolves  to  devour  their 
prey,  but  bellowed  on,  the  one  evidently  intent  on  outdoing  the  other  in  the  chase. 
A  few  of  the  older  and  wiser  dogs  remained  behind  to  probe  the  surroundings, 
yet  not  daring  to  venture  into  the  confines  of  my  den.  It  was  not  long  before 
the  alley  was  fairly  alive  with  baying  humanity,  yelping  about  in  wild  confusion. 

My  thoughts  at  this  time  can  better  be  imagined  than  described.  Here  I 
was,  having  escaped  my  captor,  yet  in  a  worse  predicament,  if  anything,  than 

Page   246 


before.  With  one  man,  or  even  two,  I  stood  some  show  of  escape,  but  against 
such  an  array  as  was  now  at  my  heels,  it  seemed  like  a  vain  thought  that  I  could 
prolong  the  chase,  and  I  was  quick  to  comprehend  that  my  only  show  of  getting 
out  of  the  dilemma  was  by  process  of  some  clever  ruse.  While  thus  engaged  in 
a  sort  of  lightning-like  calculation,  I  heard  some  one  exclaim  to  his  fellows : 

"I  followed  him  closely  from  the  corner,  boys,  and  when  I  reached  the 
alley,  he  had  disappeared  completely.  He  never,  in  my  opinion,  passed  this  door," 
and  with  that  he  approached  the  entrance  with  the  remark,  "Some  of  you  stand 
outside  here  and  guard  the  door,  while  the  rest  of  us  will  explore  the  basement." 

At  this  I  turned  my  attention  to  the  gaslight,  which  I  reached  without 
attraction,  and  after  turning  it  down  until  it  was  almost  extinguished,  giving 
barely  sufficient  glimmer  to  permit  my  return,  I  started  for  the  stairway  to  which 
reference  was  made  when  I  first  entered  the  basement,  and  had  hardly  reached 
it  when  the  basement  door  was  pushed  cautiously  aside  and  two  men  entered, 
passing  within  three  feet  of  where  I  was  concealed  behind  a  post. 

Perceiving  that  they  were  making  for  the  gas  jet,  I  glided  noiselessly  up 
the  stairway,  and  opening  its  door,  stepped  out  cautiously  onto  a  porch  a  few  feet 
above  the  basement,  belonging  to  the  lower  flat  of  the  building.  Fortunately  for 
me,  the  porch  was  surrounded  with  some  lattice  work,  which  enabled  me  to 
observe  the  movements  of  those  in  the  alleyway  below  without  exposing  myself 
to  view  in  any  manner. 

Trying  the  kitchen  door  of  this  flat,  I  discovered  that  it  was  locked  and 
receiving  no  response  from  the  inside,  proceeded  to  ascend  the  stairs  to  the  flat 
above.  In  this  effort,  however,  I  was  not  so  successful  in  concealing  my  pres- 
ence, as  I  had  the  misfortune  to  make  a  slight  noise,  which  brought  from  the  man 
underneath  the  porch,  who  was  guarding  the  basement  door,  the  inquiry: 

"Who  goes  there?" 

"Fisher!"  was  my  assuring  answer. 

"What  Fisher  ?"  "he  asked. 

"Why,  it's  Jack,"  I  responded,  as  I  ascended  the  stairway  two  steps  at 
a  time  to  the  flat  above.    It  was  my  turn  to  play  interrogator  now,  so  I  asked : 
"Who  are  you,  and  what  are  you  doing  down  there?" 

The  reply,  if  any,  was  lost  to  my  ears,  as  I  had  now  reached  the  porch  of 
the  second  flat  and  had  more  important  business  on  hand. 

Repeating  the  performance  of  trying  the  kitchen  door,  and  again  receiving 
no  response  to  my  knock,  I  continued  to  the  last  flat  above,  fully  determined  to 
break  in  the  door  if  I  met  with  no  better  success,  as  it  was  impossible  for  me  to 
turn  back  with  any  degree  of  safety. 

As  I  neared  the  head  of  the  stairs,  my  heart  bounded  with  joy  as  I  noticed 
a  stream  of  light  pouring  through  the  window,  and  \vhi!e  waiting  an  answer  to 
my  summons  for  admission,  its  rays  were  to  me  as  a  beacon  to  some  storm-tossed 
mariner. 

In  response  to  my  loud  knock,  a  female  voice  inside  tir  idly  inquired : 

"Who  is  there  ?" 

"It's  me,"  I  answered. 

"Who  ?" 

"Just  me — open  the  door !"  and  with  that  I  could  hear  the  key  grating  in 
the  lock  and  the  door  swung  open.  I  was  on  i.!-.c  inside  in  a  second,  and  closing 
the  door  behind  me,  and  bolting  and  locking  it  securely,  I  took  a  survey  of  the 
surroundings. 

Seated  at  a  table  in  his  shirt  sleeves,  reading  the  evening  paper,  was  a 
middle-aged  man,  while  his  good  wife  had  evidently  been  preparing  their  supper. 
Both  looked  pictures  of  despair,  evidently  mistaking  me  for  a  burglar.  As  soon 
as  he  could  recover  his  presence  of  mind,  the  man  in  faltering  tones  inquired  my 
business. 

"No  business,"  I  replied ;  "just  show  me  the  front  door  that  I  may  eet  out 
on  the  street!" 

Page   247 


"You  will  get  out  of  here  by  the  same  route  you  came!"  responded  the 
man,  advancing  threateningly  towards  me  with  uplifted  chair. 

As  may  be  imagined,  I  had  no  time  to  waste  in  discussing  the  situation, 
so,  drawing  my  revolver  and  leveling  it  full  at  his  head,  I  demanded  in  the  fiercest 
tones  at  my  command  : 

"You  open  that  front  door,  and  be  d — d  quick  about' it!" 

The  effect  was  instantaneous.  The  poor  fellow  turned  as  white  as  a  ghost, 
and  imploringly  told  his  wife  to  let  me  out.  He  was  too  far  gone  himself  to  do 
so,  and  it  was  amusing  to  watch  the  antics  of  the  couple  after  that.  Compared 
with  my  experience  of  a  short  time  previously,  when  I  had  engaged  in  combat 
with  one  of  the  shrewdest  men  in  the  Government  secret  service,  this  was  like 
taking  candy  from  a  baby. 

The  badly- frightened  woman  hastily  picked  up  the  lamp  and  waddled  in 
the  direction  of  the  front  part  of  the  house,  at  the  same  time  entreating  me  to 
spare  her  husband.  I  had  no  thought  of  harming  them,  merely  wishing  to  get 
away  with  as  little  delay  as  possible,  but  the  episode  indicates  the  remarkable  ease 
with  which  a  well-armed  person  could  invade  any  peaceful  household  and  ransack 
the  premises  without  the  slightest  danger. 

The  woman  led  me  to  the  front  door,  and  pointing  out  in  the  darkness 
said :  "There,  sir.  is  the  stairway.  You  will  find  the  door  leading  to  the  street 
just  three  flights  below." 

Bidding  her  good  night,  and  with  many  thanks  for  her  kindness,  I  made 
my  way  downstairs,  and  was  soon  on  the  street. 

Not  a  soul  was  in  sight,  so  I  meandered  leisurely  along  for  a  block  or  so, 
when  I  saw  a  carriage  coming  in  my  direction.  Luck  seemed  to  have  favored  me 
on  all  occasions  in  this  transaction,  and  the  appearance  of  the  cab  at  such  an 
opportune  moment  was  a  fitting  climax  to  my  successful  getaway  from  Burns. 

Hailing  the  driver,  I  instructed  him  to  take  me  to  the  Thorndyke  Hotel, 
some  twenty-five  or  thirty  blocks  away,  as  quickly  as  possible.  After  discharging 
the  cabby,  I  waited  in  front  of  the  hostelry  as  if  about  to  enter,  until  the  sound  of 
the  rattling  wheels  had  disappeared  in  the  distance. 

At  this  point,  I  felt  perfectly  safe,  and  had  no  further  thought  of  being 
captured,  so  deciding  to  return  to  my  room,  I  took  a  circuitous  route  by  streetcar 
until  I  came  to  a  drug  store,  which  was  about  fifteen  blocks  from  my  room. 
Here  I  alighted  again  and  entering,  'phoned  to  the  landlady  of  my  boarding  house 
and  asked  if  anyone  had  inquired  for  me.  Receiving  an  answer  in  the  negative 
I  informed  her  that  I  probably  would  not  be  home  for  dinner  that  evening.  To 
this  she  remonstrated,  stating  that  she  had  kept  the  meal  in  the  warming  oven 
and  that,  if  I  could  come  within  a  reasonable  time,  it  would  still  be  ready  for  me. 
Xot  caring  to  state  definitely  when  I  would  return,  I  hung  up  the  receiver  and 
walked  out.  I  was  now  in  a  directly  opposite  direction,  the  Fenway  postoffice 
being  in  almost  a  straight  line  between  the  Thorndyke  Hotel  and  my  present  loca- 
tion, so  I  decided  to  walk  to  my  room.  Before  starting,  however,  I  concluded  to 
eat  in  a  nearby  restaurant,  where  I  could  have  time  to  collect  my  thoughts  and 
determine  on  a  plan  for  future  action. 

As  I  had  asked  Burns,  before  leaving  the  private  office,  to  accompany  me 
to  the  room  where  I  might  get  my  clothing  preparatory  to  making  the  trip  to 
Oregon,  and  stated  to  him  that  it  '  -  but  a  short  distance  away,  it  was  but  natural 
that  he  would  institute  an  immediate  search  to  locate  my  headquarters.  As  I  had 
gone  down  the  alley,  after  my  escape,  in  an  opposite  direction  from  my  apart- 
ments, and  had  disappeared  in  the  neighborhood  of  a  long  row  of  flats,  it  was  but 
reasonable  to  suppose  that  he  would  attempt  to  find  me  in  that  locality,  and  as 
my  grip  contained  a  number  of  valuable  papers  and  other  documents  of  import- 
ance, I  must,  at  whatever  risk,  secure  it  if  possible.  Judging  from  the  information 
received  over  the  'phone  from  my  landlady,  it  was  evident  that  Burns  had  not  been 
there,  but  knowing  the  man  as  I  did,  it  was  only  a  matter  of  time  when  he  would 
ferret  out  my  lodgings  and  it  was  incumbent  on  me  to  beat  him  there. 

Page    248 


Dinner  ordered,  I  passed  the  time  in  reading  the  paper  when  I  was  not 
otherwise  occupied  with  my  thoughts,  and  when  it  was  served,  I  partook  heartily, 
not  knowing  but  this  might  be  my  last  square  meal  for  many  hours  to  come. 

Leaving  the  restaurant,  I  walked  directly  toward  my  lodging  house  and 
when  I  came  within  two  blocks  of  the  place,  fearing  that  some  one  might  be  on 
the  main  thoroughfare,  I  decided  to  enter  by  the  back  way,  so'took  down  an  alley. 

Reaching  the  house,  I  walked  up  the  back  stairs  and  knocking  at  the 
kitchen  door,  w-as  admitted  by  the  landlady  herself,  when  I  remarked  in  a  jocular 
way: 

"Well,  I'm  here — have  you  kept  my  dinner  waiting?" 

"Yes/'  she  replied,  "but  how  came  you  in  this  way?" 

"Oh,"  said  I,  "just  thought  I  wouldn't  put  you  to  the  trouble  of  setting  the 
table  for  me  again.  This,  you  know,  is  the  first  time  I  have  ever  been  late,  so  will 
dine  in  the  kitchen." 

As  the  lady  turned  to  prepare  the  meal,  her  actions  having  denoted  that 
everything  was  all  right,  I  told  her  not  to  mind,  that  I  had  already  eaten,  but 
thanked  her  just  the  same. 

I  then  asked  her  if  she  had  heard  anything  unusual,  to  which  she  replied 
that  she  had  not. 

"Very  well,  then,  come  to  my  room,"  said  I,  "I  have  something  important 
that  I  wish  to  say  to  you." 

As  I  had  boarded  at  her  house  for  about  three  months  and  had  frequently 
talked  with  her,  she  impressed  me  as  a  person  in  whom  I  could  confide  with  safety, 
so  I  decided  to  tell  her  the  whole  story,  as  I  knew  to  a  certainty  that  Burns  would 
find  my  room  sooner  or  later,  and  I  thought,  because  of  the  friendly  manner  in 
which  she  had  always  treated  me,  it  would  be  best  to  make  arrangements  in  regard 
to  my  belongings  prior  to  his  coming. 

Upon  entering  the  room,  I  recited  in  detail  all  that  had  occurred,  explaining 
at  the  same  time  that  my  name  was  S.  A.  D.  Puter,  and  not  J.  H.  Brownell,  as 
she  had  supposed.  I  told  her  of  my  connection  with  timber  land  operations  on 
the  Pacific  Coast  and  that  this  present  trouble,  while  not  of  a  serious  nature,  was 
the  result  of  those  operations. 

After  assuring  the  lady  that  I  was  in  no  wise  involved  in  any  criminal 
transaction,  she  expressed  a  willingness  to  assist  me  in  any  way  possible  and  asked 
what  she  could  do  for  me. 

I  requested  her  to  telephone  to  a  very  intimate  friend  of  mine  and  to 
request  him  to  come  to  her  house,  cautioning  her,  at  the  same  time,  not  to  men- 
tion the  nature  of  the  business,  as  I  did  not  wish  her  to  speak  of  that  over  the 
'phone. 

When  he  came,  a  few  minutes  later,  I  explained  the  entire  situation  to  him 
also,  and  solicited  his  assistance  in  the  matter  of  making  good  my  escape  from  the 
city.  My  friend  seemed  to  think  that  I  had  been  wonderfully  successful  up  to 
that  time  and  that  the  worst  was  over,  but  when  I  explained  the  character  of  the 
man  with  wrhom  I  had  to  deal  and  advised  him  of  Burns'  reputation,  which  was 
based  on  his  past  acts  of  fearless  daring,  where  men  of  known  ability  only  were 
employed  and  in  which  he  had  always  come  out  successful,  my  friend  was  not 
quite  so  sanguine  that  I  was  yet  out  of  the  woods. 

I  also  assured  him  of  Burns'  ability  to  summon  every  man  in  the  service. 
if  need  be,  to  assist  him,  in  addition  to  which,  he  could  command  the  support  of 
the  entire  police  and  detective  force  of  Boston,  and  it  was  my  opinion  that  at  this 
very  moment  every  avenue  of  escape  from  the  city  was  being  closely  guarded. 

After  discussing  the  situation  thoroughly,  my  friend  suggested  that  early 
on  the  following  morning  I  accompany  him  to  his  brother's  farm,  about  forty-five 
miles  distant.  This  I  decided  to  do,  so  immediately  busied  myself  in  packing  my 
clothing,  which  I  placed  in  my  trunk,  while  in  my  grip,  I  deposited  all  papers  and 
documents  of  value,  together  with  some  few  articles  of  clothing  that  I  might 
want  for  immediate  use. 

Page  250 


It  was  then  agreed  between  us  that  my  trunk  should  remain  there,  my  land- 
lady to  store  it  under  the  stairway,  and  when  Burns  called,  as  I  knew  he  would, 
she  was  to  admit  that  a  certain  gentleman  named  Brownell  had  been  stopping 
there,  but  that  he  had  paid  his  bill  and  left  that  morning. 

Having  made  all  arrangements,  I  then  handed  my  landlady  written  author- 
ity to  call  on  a  certain  firm  in  the  city  where  I  had  been  doing  business  and  collect 
a  balance  due  me,  after  which  I  retired  for  the  night. 

I  was  awakened  at  four  o'clock  on  the  following  morning,  and  a  few  min- 
utes later  my  friend  came  in  his  buggy  and  we  were  off.  Arriving  at  the  farm,  I 
was  introduced  as  Mr.  Fleetwood,  of  Chicago,  and  in  explanation  of  our  unex- 
pected visit,  my  friend  informed  his  brother  that  I  was  in  Boston  on  important 
business,  and  as  I  was  an  old  friend  of  his  and  desired  a  little  recreation,  he 
thought  I  would  enjoy  a  few  days  outing  in  the  country.  He  told  him  at  the 
same  time  to  give  me  the  best  of  everything  to  make  me  comfortable. 

This  farm  life,  which  brought  to  mind  the  fond  recollections  of  childhood 
days,  was  entirely  to  my  liking  and  I  made  myself  at  home  without  much  ado. 
At  "milkin'  time,"  I  was  always  on  hand,  and  while  it  is  true  that  I  took  an  active 
part  in  the  operation,  it  is  no  less  a  fact  that  the  consumption  was  greater  than  the 
production,  so  far  as  I  was  personally  concerned. 

We  received  the  Boston  papers  daily,  by  rural  delivery  service,  and  I  spent 
some  little  time  in  perusing  the  acccounts  of  my  escapade  with  brother  Burns,  as 
did  also  my  host  and  the  men  about  the  farm,  all  of  whom  expressed  a  desire  to 
meet  the  "nervy  Westerner,"  as  they  put  it,  little  thinking  that  "Brownell"  him- 
self was  in  their  very  midst. 

On  the  morning  of  the  third  day,  about  nine  o'clock,  my  friend,  who  had 
returned  to  the  city  after  introducing  me  to  his  brother,  came  back  to  see  how  I 
was  getting  along,  and  incidentally  to  let  me  know  how  matters  stood  at  the  Hub. 
When  he  arrived,  I  noted  immediately  that  his  face  bore  a  troubled  look,  and  it 
was  with  much  impatience  that  I  awaited  the  opportunity  for  talking  with  him 
privately. 

Seeking  a  secluded  spot,  he  informed  me  that,  sure  enough,  Burns  had 
located  my  boarding  house  on  the  morning  of  the  second  day,  and  that  he  suc- 
ceeded in  getting  my  trunk,  but  that  the  landlady  still  had  possession  of  my  grip, 
which  I  had  intended  bringing  with  me,  but  which  I  had  overlooked  in  my  haste 
to  leave  the  city.  She  also  still  held  my  check  for  $1022,  which  had  been  handed 
her  as  the  balance  due  me  by  the  firm  with  whom  I  transacted  business  in  Boston. 

My  friend  went  on  to  inform  me  that  the  landlady  had  wilted  under  Burns' 
indomitable  manner  of  persistent  inquiry,  and  had  given  up  the  trunk,  thinking 
that  by  doing  so,  he  would  not  press  her  for  further  information.  The  landlady, 
so  my  friend  said,  expressed  deep  sorrow  and  regret  because  of  what  she  had 
done,  but  stated  that  it  was  beyond  her  power  to  withstand  Mr.  Burns'  inquisition, 
and  as  she  thought  I  valued  my  grip  more  highly  than  the  trunk,  on  account  of 
the  papers  which  it  contained,  she  deemed  it  best  to  throw  Burns  off  the  scent  in 
that  way  and  relieve  the  agony. 

Having  listened  to  his  story,  I  insisted  on  my  friend  returning  to  the  city  im- 
mediately and  to  exert  every  effort  to  obtain  possession  of  my  grip  and  the  check. 

"If  you  think,"  said  I,  "that  Burns  will  stop  short  of  getting  everything, 
now  that  he  has  made  this  start,  you  are  certainly  mistaken  in  the  man,  and  if  my 
grip  and  check  are  permitted  to  remain  there  longer,  they  too  will  fall  into  his 
possession." 

I  explained  to  him  that  there  was  but  one  person,  to  my  knowledge,  who 
had  ever  succeeded  in  outdoing  the  wily  detective  in  his  effort  to  secure  an  unwill- 
ing confession,  and  that  that  person  was  none  other  than  the  well  known  Marie 
Ware  of  Oregon. 

I  also  cautioned  my  friend  as  to  the  necessity  of  being  very  careful  on  his 
own  account,  as  Burns  would  endeavor  to  connect  my  friends  with  my  escape,  and 
would  be  sure  to  prosecute  anyone  whom  he  suspected  had  aided  me. 

Page   251 


As  he  made  ready  to  take  his  departure,  I  informed  him  that  I,  too,  would 
probably  return  to  Boston  that  evening,  and  in  event  of  my  doing  so,  would  call 
him  up  over  the  'phone  on  the  following  day. 

He  had  been  gone  but  a  short  time  when  I  fully  decided  to  follow  him  to 
the  city,  so  bidding  my  host  good  bye,  and  assuring  him  of  my  sincere  apprecia- 
tion of  the  favors  shown  me,  I  departed  in  his  buggy  for  the -station,  being  driven 
by  one  of  the  farm  hands,  and  when  we  arrived  there,  I  caught  an  electric  car  for 
town. 

Upon  reaching  the  suburbs  of  Boston,  I  remained  there  until  nightfall. 
amusing  myself  in  an  effort  to  bargain  for  a  grocery  store  that  I  had  no  notion  of 
buying,  and  for  which  the  owner  wanted  fully  double  its  real  value.  My  efforts 
to  purchase  the  meat  market  next  door  met  with  the  same  success,  so  I  gave  it  up 
as  a  bad  job,  and  hunted  up  a  restaurant  where  I  had  something  to  eat.  As  soon 
as  it  was  sufficiently  dark,  I  boarded  a  car  and  headed  for  the  city. 

Arriving  there,  my  first  move  was  to  engage  a  room,  which  I  secured 
within  three  blocks  of  the  place  where  I  formerly  resided.  This  was  about  eight 
o'clock  in  the  evening,  and  as  I  had  nothing  else  to  do,  I  took  a  streetcar  for 
what  is  known  as  the  "down  town  district,"  and  some  distance  away  from  where 
I  knew  that  Burns  would  be  likely  to  stop.  Here  I  attended  one  of  the  vaude- 
ville theaters,  where  I  spent  a  couple  of  hours,  after  which  I  repaired  to  a  restaur- 
ant and  enjoyed  another  good  meal.  I  then  returned  to  my  room  and  retired  for 
the  night. 

Morning  found  me  up  bright  and  early,  and  as  I  could  not  hope  to  commu- 
nicate with  my  friend  at  that  hour,  I  took  a  car  ride  to  the  outskirts  of  the  city. 
some  thirty-five  or  forty  blocks  away  from  the  Fenway  postoffice,  or  business  por- 
tion of  the  city,  where  after  breakfast,  I  called  my  friend  up  over  the  'phone, 
informing  him  of  my  presence  and  asking  him  to  meet  me  at  a  certain  time  in  a 
given  place.  I  did  not,  however,  mention  my  name,  as  we  had  previously  agreed 
between  us  that  in  making  use  of  the  telephone,  I  was  to  represent  myself  as  a 
physician  and  would  introduce  the  conversation  by  inquiring  about  a  patient. 

\Yhen  I  met  my  friend,  he  had  much  news  of  importance  to  relate,  but  in 
order  to  ease  my  mind  as  to  the  safety  of  my  grip  and  check,  he  commenced  by 
telling  me  that  my  landlady  still  held  them  in  her-  possession  and  he  thought  it 
best  that  they  remain  there  for  the  time  being,  as  both  had  been  secreted  away  in  a 
safe  place,  and,  as  the  premises  were  being  watched  by  detectives,  any  attempt  to 
remove  the  grip,  or  anything  of  that  description,  would  surely  result  in  disaster. 
My  friend  assured  me  further  that  the  landlady  had  fully  recovered  her  compos- 
ure and  would  not  be  likely  to  divulge  any  additional  information  to  Burns,  and 
by  way  of  encouragement  added  that  Burns,  too,  seemed  to  have  eased  up  on 
her  and  was  nothing  like  so  severe  as  in  the  beginning.  He  had,  however,  made 
several  visits  to  the  boarding  house  since  taking  the  trunk  away,  but  was  more 
modest  in  his  manner  and  line  of  inquiry  than  at  first. 

After  discussing  the  situation  with  my  friend,  we  concluded  that  it  would 
be  unwise  for  him  to  attempt  to  remove  my  grip,  or  even  to  hold  frequent  con- 
versations with  me,  as  he  had  been  seen  to  enter  and  emerge  from  the  boarding 
house  quite  frequently,  and  it  was  more  than  likely  that  suspicion  had  already 
been  directed  toward  him.  We  decided,  therefore,  that  the  next  best  move  would 
be  to  employ  an  attorney  and  to  advise  with  him  as  to  the  most  feasible  method 
of  securing  my  belongings. 


Page   252 


is-i 


<B   to  .**  -o   to  S 


?"* 
»•* 


aiiSi 

"?S   S1  S    to  «, 


. 

^    w    to   Sf  §    S 

O      ^  w  'S  * 


«•»    R 

"    *  »«' 

V    55    S 

l«l 

III 


Chapter  XVII     , 

The  King  of  the  Oregon  Land  Fraud  Ring  encounters  a  Boston  lawyer,  who 
furnishes  him  some  valuable  up-to-date  ideas  on  the  subject  of  "'cultured" 
looting — Holds  Puter  up  to  the  tune  of  $322  for  collecting  a  $1022  check- 
Describes -his  interesting  experiences  as  a  fugitive  from  justice  and  the 
clever  methods  adopted  to  evade  the  Government  sleuths. 

BEING  acquainted  with  a  number  of  lawyers  in  the  city,  I  had  my  friend  con- 
sult a  member  of  one  of  the  prominent  firms,  with  whom  he  made  an 

appointment  for  me  to  see  him  at  his  residence  that  evening  at  eight  o'clock. 
Upon  making  known  my  identity,  the  gentleman  invited  me  in,  and  we 
retired  to  his  library,  where  I  related  the  circumstances  of  my  arrest  and  escape 
from  Detective  Burns  and  of  my  desire  to  secure  a  certain  grip,  which  I  had  left 
at  my  former  boarding  house,  together  with  a  check  for  $1,022. 

'The  attorney  expressed  the  opinion  that  he  could  secure  both  grip  and 
check  for  me  without  difficulty,  so  I  gave  him  a  written  order  on  the  landlady  for 
them,  and  made  an  appointment  with  him  to  meet  me  on  the  following  afternoon 
at  a  certain  point  in  the  city  to  which  he  was  to  come  by  street  car  and  arrive  at 
exactly  two  o'clock. 

From  my  attorney's  residence,  I  returned  directly  to  my  room,  and  retired 
for  the  night,  and  on  the  following  morning,  having  decided  to  change  my  head- 
quarters, I  settled  my  bill  and  vacated. 

Taking  a  street  car,  I  went  to  South  Boston,  where  I  had  breakfast  and 
spent  the  forenoon  about  the  steamer  docks  and  lumber  yards  in  that  vicinity. 
After  luncheon  I  engaged  a  horse  from  a  liveryman  whose  acquaintance  I  had 
made  earlier  in  the  day,  who  furnished  me  with  the  best  animal  in  the  stable  and 
one  that  he  was  accustomed  to  driving  personally. 

On  my  way  to  the  point  where  I  was  to  meet  my  attorney,  I  was  particu- 
lar to  observe  the  surrounding  streets  and  to  make  a  note  of  those  I  might  select 
in  event  of  my  being  discovered  and  being  forced  to  make  a  hasty  retreat.  I 
always  had  in  mind  that  my  identity  might  become  known  at  any  moment  and  I 
was  cautious  to  be  prepared  for  any  emergency.  I  was  commencing  to  feel,  now 
that  the  exciting  incidents  of  the  past  few  days  had  left  me  yet  free  to  my  own 
sweet  will,  that  I  had  taken  some  desperate  and  wholly  uncalled  for  chances,  and 
that  in  future  it  would  stand  me  in  hand  to  use  a  little  more  discretion  regarding 
my  conduct. 

Upon  arriving  at  my  destination,  I  drove  about  for  several  minutes,  as  I 
was  somewhat  ahead  of  time,  and  as  each  car  in  turn  made  its  appearance,  I 
managed  to  be  about  two  or  three  blocks  away  and  at  a  point  where  I  could 
observe  if  my  attorney  alighted,  and  at  the  same  time  note  if  anyone  else  got  off, 
or  was  in  a  position  to  watch  his  movements  or  see  what  was  taking  place.  When 
my  attorney  came,  I  drove  rapidly  toward  him,  and  taking  him  in  the  buggy,  we 
hurried  away. 

In  response  to  my  inquiry  as  to  what  success  he  had  met  with,  he  stated 
that  he  had  secured  the  check,  but  that,  being  informed  by  the  landlady  that  her 
house  was  being  watched,  he  did  not  venture  to  remove  the  grip.  He  suggested 
that  I  give  him  the  keys  to  the  latter,  so  that  he  might  secure  such  articles  as  I 
desired,  which  he  said  he  would  bring  to  me  in  his  pocket.  I  demurred  to  this,  as 
I  did  not  care  to  have  anyone  handle  my  private  papers  and  suggested  in  reply, 
that  he  call  on  my  landlady  again  that  evening,  after  dark,  when  he  could  wrap 
the  grip,  which  was  not  large,  with  a  number  of  newspapers,  giving  it  the 

Page   254 


appearance  of  a  bundle  of  some  sort.  He  agreed  to  do  this,  so  I  indorsed  the  check 
which  he  produced  from  his  pocket,  and  as  we  had  now  driven  to  a  point  on  the 
main  line  of  the  Boston- Worcester  street  car,  which  was  surrounded  by  some  tim- 
ber and  thick  underbrush,  I  suggested  that  he  meet  me  here  that  same  evening 
at  9 :30,  when  I  would  receive  my  grip  and  the  money  and  settle  with  him  for  his 
trouble. 

I  selected  this  point  for  the  reason  that  it  was  sparsely  settled,  and  had 
more  or  less  timber  and  brush  which  would  enable  me  to  escape  in  event  of  his 
being  followed  by  detectives.  There  was  a  gulch  on  one  side  which  would  afford 
me  an  excellent  hiding  place,  and  as  this  particular  side  was  more  thickly  tim- 
bered than  the  other,  I  had  no  fear  of  being  captured,  even  if  my  rendezvous 
became  known. 

As  the  car  approached  in  the  distance,  my  attorney  alighted,  and  I  drove 
back  to  South  Boston  and  when  within  three  or  four  blocks  of  the  livery  stable,  I 
engaged  a  man  on  the  street  to  return  my  rig  to  the  barn,  handing  him  half  a 
dollar,  and  offering  as  an  excuse  that  I  had  a  pressing  engagement  and  must  wait 
at  this  point  for  a  gentleman  that  I  was  expecting  at  any  moment. 

I  took  this  precaution  for  the  reason  that,  as  stated  before,  I  had  decided 
to  take  no  further  chances,  and  as  I  may  have  been  observed  by  some  one  who 
recognized  me  as  the  much  wanted  Mr.  "Brownel!"  and  who  also  identified  the 
rig  as  one  belonging  to  a  certain  liveryman,  I  did  not  propose  to  walk  into  a  trap. 

After  waiting  long  enough  to  note  that  the  rig  had  been  safely  returned, 
I  departed  immediately  for  Cambridge,  which  I  reached  in  a  roundabout  way  and 
where  I  engaged  a  room  for  the  night.  After  dinner,  I  walked  in  the  direction  of 
the  point  where  I  was  to  meet  my  attorney,  thinking  to  get  a  little  exercise  and 
to  pass  the  time  away.  Arriving  there,  I  made  a  survey  of  the  district  and  exam- 
ined the  timber  and  underbrush  through  which  I  might  be  called  upon  to  make 
good  my  escape,  and  as  I  had  spent  the  greater  portion  of  my  life  in  the  woods 
and  timber,  was  very  much  at  home  and  experienced  little  difficulty  in  determining 
upon  several' routes,  through  any  one  of  which  I  could  make  my  way,  as  necessity 
might  require. 

As  it  lacked  but  a  few  minutes  of  the  time  when  my  attorney  should  arrive, 
and  a  car  was  already  in  sight,  I  secreted  myself  where  I  could  have  a  full  view 
of  the  street  where  he  would  alight,  but  as  the  car  did  not  stop,  I  drew  a  little 
closer  to  observe  the  faces  of  the  passengers  as  it  went  by,  and  noticed  that  only 
a  few  ladies  occupied  the  seats.  I  must  now  wait  for  another  car,  which  would 
arrive  fifteen  minutes  later.  In  the  meantime,  I  trailed  two  men  who  appeared 
on  the  scene  for  a  distance  of  some  five  or  six  hundred  yards,  when  I  became  sit- 
isfied  that  their  errand  did  not  concern  me. 

My  attorney  arrived  on  the  next  car,  and  after  walking  to  a  secluded  path- 
way in  the  timber,  he  informed  me  that  he  presented  the  check,  but  the  bank 
refused  payment  on  the  ground  that  I  was  a  fugitive  from  justice  and  that,  before 
they  could  turn  over  the  money,  he  must  receive  from  me  a  power  of  attorney, 
duly  signed  and  attested,  when  he  might  have  the  cash.  As  to  the  grip,  he  called 
at  the  boarding  house  as  agreed,  but  having  noticed  two  men  standing  close  by, 
one  of  whom  he  recognized  as  the  same  he  had  observed  on  a  previous  visit,  he 
did  not  think  it  advisable  to  venture  from  the  house,  even  with  a  newspaper 
bundle  in  his  arms. 

As  he  did  not  have  a  power  of  attorney  blank  with  him,  we  could  do 
nothing  further  that  night,  so  I  promised  to  'phone  the  next  day,  when  the  matter 
could  be  arranged.  I  did  not  return  to  the  city  with  him,  preferring  that  he  go 
his  way  alone  and  when  his  car  was  out  of  sight,  I  went  to  my  room  in  Cambridge, 
where  I  remained  until  noon  the  next  day,  venturing  out  only  to  eat  breakfast  and 
purchase  a  daily  paper. 

After  luncheon  I  went  to  the  nearest  telephone  booth  and  called  my  attor- 
ney up,  and  in  reply  to  my  inquiry  if  there  were  any  new  developments,  he  asked 
me  to  hold  the  'phone  for  about  twenty  minutes  when  he  would  inform  me  as  to 

Page    255 


how  matters  stood.  To  "hold  the  'phone  twenty  minutes"  seemed  to  me  as  a 
rather  unusual  request.  Indeed,  from  the  time  of  our  meeting  on  the  night  before. 
I  had  my  suspicions  that  all  was  not  just  right,  so  I  decided  to  change  base  on  the 
'phone  proposition,  and  taking  a  street  car,  I  rode'  about  two  miles  and  'phoned 
him  from  another  place,  this  time  to  learn  that  it  would  be  necessary  for  me  to 
meet  him  again  and  execute  a  power  of  attorney.  He  aske'5  me  to  designate  a 
place  of  meeting,  in  reply  to  which  I  told  him  to  meet  me  at  the  same  time  and 
place  as  previously. 

Returning  to  my  room,  I  remained  there  until  dusk,  and  after  dinner  went 
to  a  riding  academy  and  engaged  a  saddle  horse  for  the  evening.  I  felt  that  I 
must  vary  my  custom  on  every  occasion  as  near  as  possible,  and  as  I  wanted  to 
make  doubly  sure  of  my  attorney's  actions  on  this  particular  evening,  I  decided 
to  meet  the  car  on  which  I  expected  him  to  come  and  return  with  it  to  the  chosen 
rendezvous. 

About  8 :45  p.  m.,  I  rode  on  the  car  track  toward  the  city  for  a  distance  of 
perhaps  two  miles,  and  returned  with  the  car  until  I  discovered  my  attorney  was 
not  among  the  passengers.  I  did  not,  however,  venture  close  enough  to  be  recog- 
nized. I  then  wheeled  about  and  went  back  toward  the  city,  and  when  the  second 
car  hove  in  sight,  I  adopted  the  same  tactics,  locating  my  man  shortly  after  meet- 
ing with  the  car.  When  he  got  off,  I  made  a  short  circuit,  and  after  tying  my 
pony  in  the  brush,  emerged  to  meet  the  gentleman,  but  said  nothing  about  the 
animal. 

My  attorney  produced  the  blank  power  of  attorney,  which  he  had  pre- 
viously filled  in,  and  after  he  had  read  its  contents  to  me  and  I  had  examined  it, 
I  attached  my  signature  thereto.  He  then  informed  me  that  he  would  have  the 
notary  in  his  office  acknowledge  my  signature,  which  he  would  also  attest  as  a 
subscribing  witness. 

There  being  no  further  business  to  transact  on  this  occasion,  he  went  back 
to  the  city  on  the  next  car  and  I  returned  the  horse  to  the  riding  academy,  after 
which  I  took  the  street  car  for  Chelsea,  another  suburb  of  Boston,  some  eight 
miles  from  the  city  and  in  another  direction.  Here  I  engaged  a  room  and  remained 
for  the  night. 

After  breakfast  on  the  following  morning,  I  went  into  Boston  by  way  of 
Charleston  and  Cambridge,  and  as  I  expected  to  do  considerable  telephoning,  I 
engaged  a  horse  and  buggy  for  the  day,  but  not,  however,  at  the  same  livery 
stable  where  I  hired  a  rig  on  a  previous  occasion. 

At  10 :30  that  morning,  I  talked  with  my  attorney  over  the  'phone  and  as 
before  he  requested  me  to  hold  the  'phone  for  some  fifteen  or  twenty  minutes. 
I  could  not  understand  this  "hold  the  'phone"  business,  and  as  I  was  determined 
not  to  get  caught  in  a  telephone  booth,  or  even  to  remain  at  any  particular  place 
to  exceed  two  or  three  minutes,  I  unhitched  my  horse  and  drove  off  a  few  miles 
before  calling  up  again. 

I  might  state  here  that  Boston  has  the  best  public  telephone  service  I  have 
ever  seen.  There  is  hardly  a  store  of  any  importance  in  the  city  but  what  is 
provided  with  a  public  telephone,  and  in  every  instance,  they  are  inclosed  in  a 
booth,  where  one  is  enabled  to  secure  privacy.  Upon  my  calling  him  up  again,  my 
attorney  informed  me  that  he  was  experiencing  some  difficulty  in  the  matter  of 
getting  the  check  cashed,  as  the  bank  officials  expressed  a  desire  to  confer  with  the 
firm  having  drawn  the  check,  before  they  would  pay  it. 

I  instructed  him  to  stay  with  it  and  do  the  very  best  possible  to  secure  the 
money,  and  further  to  get  my  grip  at  whatever  cost.  I  left  it  to  him  as  to  what 
method  he  would  adopt,  but  said  I  must  get  that  grip  away  from  there  and  at 
once.  I  agreed  to  call  him  up  again  at  2  o'clock. 

Driving  through  the  parks  and  to  points  of  interest,  I  managed  to  pass  the 
time  away  until  12:30,  when  I  put  my  horse  up  at  a  stable  in  the  suburbs,  and 
while  he  was  being  fed  and  watered,  I  ate  luncheon  and  prepared  for  another  start. 

Page   256 


Trading  Station  on  Pelly  River,  a  branch  of  the  Yukon 
in  the  British  possessions 


Promptly  at  2  o'clock  I  called  up  my  attorney  again.  This  time  one  of  his 
clerks  answered,  stating  that  the  gentleman  was  engaged,  but  to  "hold  the  'phone" 
and  he  would  be  through  in  about  fifteen  minutes.  Needless  to  say  that  I  didn't 
"hold."  This  holding  business  was  getting  monotonous,  and  without  caring 
whether  or  not  he  thought  that  I  would  do  as  requested,  I  hung  up  the  receiver 
and  drove  away. 

Fifteen  minutes  having  elapsed,  and  being  close  to  two  miles  away  from  the 
last  station,  I  hitched  my  horse  and  called  up  again.  This  time  I  got  my  party, 
and  he  started  in  by  claiming  that  he  had  called  on  the  landlady  again,  but  that  she 
had  remonstrated  against  any  attempt  to  remove  the  grip,  declaring  that  detect- 
ives were  watching  the  house  day  and  night.  My  attorney  was  of  the  same  opin- 
ion and  did  not  care  to  risk  bringing  it  away  personally,  nor  would  he  permit  one 
of  his  assistants  to  do  so.  As  to  the  check,  the  bank  people  had  not  yet  arrived  at 
a  decision,  he  said,  but  would  probably  know  within  an  hour  what  they  would  do. 
My  attorney  then  asked  me  where  I  was  telephoning  from,  and  I  told  him  South 
Boston,  which  was  the  truth. 

He  then  said  to  "remain  there"  and  to  call  up  again  later.  After  assuring 
him  that  I  would  do  so,  I  hung  up  the  receiver  and  was  off  for  another  drive. 

This  time  I  did  not  pull  up  until  I  was  a  good  six  miles  and  in  a  direction 
where  I  believed  one  would  be  least  expected  to  go.  I  then  called  up  again  and 
it  was  the  same  old  story — the  bank  people  asked  for  additional  time,  he  said. 
Cutting  the  conversation  short,  I  hung  up  the  receiver,  as  I,  too,  wanted  additional 
time  that  I  might  gather  my  wits  together  and  decide  on  something  more  definite. 

Page  257 


Things  did  not  look  just  right  to  me,  nor  had  they  for  some  time  past,  and  I  con- 
cluded that  I  could  well  afford  to  hold  counsel  with  myself  before  proceeding 
much  further. 

The  actions  of  my  attorney  for  the  past  few  days  were  not  at  all  to  my 
liking,  and  while  I  did  not  care  to  believe  that  he  was  "standing  in"  with  my  pur- 
suers, or  that  he  was  doing  anything  that  would  not  eventually  work  to  my  inter- 
ests and  serve  the  ends  for  which  I  sought,  at  the  same  time/he  had  dilly-dallied 
along  for  such  a  length  of  time  without  accomplishing  anything  that  I  could  not 
understand  the  proceedings.  My  check,  which  was  properly  indorsed,  should  be 
accepted  by  any  bank  in  the  city  from  one  so  prominent  as  he,  more  especially  as 
it  was  a  local  firm  drawing  the  check,  who  would  verify  its  genuineness.  There- 
fore, with  the  additional  indorsement  of  my  attorney's  signature,  the  bank  had  no 
grounds  for  refusing  to  honor  and  cash  it  when  presented. 

After  thinking  matters  over  very  carefully,  I  'phoned  to  my  attorney  again 
and  informed  him  that  I  had  concluded  to  let  matters  drop  for  awhile  and  not  to 
bother  further  and  that  I  would  call  him  up  again  within  the  next  few  days. 

Driving  back  to  the  livery  stable,  or  to  within  a  few  blocks  of  it,  I  waited 
my  opportunity  and  when  a  man  of  apparent  respectability  came  along,  I  induced 
him  to  return  the  rig,  paying  him,  as  I  had  done  on  the  other  occasion,  and  making 
a  similar  excuse.  I  had  been  fortunate  in  securing  fine  animals  to  drive  and 
wished  to  insure  their  safe  return,  though  I  did  not  care  to  risk  it  personally. 

Upon  seeing  the  man  drive  my  rig  into  the  barn.  I  walked  around  a  spell, 
and  later  in  the  evening,  went  into  Boston  proper,  where  I  ordered  supper  in  a 
down  town  restaurant.  One  might  think  that  this  was  a  hazardous  action  on  my 
part,  but  not  so  much  so  as  might  appear  on  the  surface.  In  the  first  place,  it  must 
be  borne  in  mind  that  while  I  was  being  looked  for,  it  was  not  on  the  streets  of 
the  down  town  districts  of  the  very  city  in  which  I  had  made  my  sensational 
escape.  No  one  would  dream  of  my  venturing  so  close  in,  nor  would  the  city 
police,  who  were  bent  on  my  capture,  think  it  worth  while  to  scrutinize  a  passing 
stranger.  In  the  outskirts  of  the  city,  where  suburban  officers  have  little  else 
to  do,  I  was  sure  to  be  kept  in  mind,  but  as  I  was  always  on  the  alert,  I  cared  not 
for  them.  If  detected  in  the  heart  of  the  city,  I  believed,  at  that.  I  had  an  even 
chance,  so  long  as  I  confined  my  visits  to  the  evening  hours. 

In  the  restaurant  where  I  ate  there  were  probably  a  hundred  people,  and 
although  I  kept  a  sharp  lookout,  I  did  not  see  or  meet  with  anyone  that  I  knew. 
The  nearest  I  came  to  being  detected,  so  far  as  I  know,  was  this  same  evening 
and  immediately  after  supper,  when  I  stepped  into  a  drug  store  to  make  a  small 
purchase  and  was  standing  at  the  counter  when  an  officer  with  whom  I  was  well 
acquainted  walked  into  the  place  and  engaged  a  clerk  in  conversation. 

I  had  been  watching  the  door  and  was  prepared  for  an  emergency,  but  not 
caring  to  court  trouble,  I  placed  myself  in  a  position  where  I  could  watch  his 
actions  through  a  small  mirror,  without  giving  him  an  opportunity  to  discern  my 
features.  A  moment  later,  when  he  left  the  store,  I  took  my  departure. 

Shortly  thereafter,  I  took  a  street  car  for  \Yorcester.  some  sixty  miles  from 
Boston,  arriving  there  about  eleven  o'clock  and  engaging  a  room  for  the  night. 
Here  I  remained  two  days,  spending  the  morning  hours  in  reading  the  newspapers, 
while  my  afternoons  were  occupied  between  the  library  and  one  of  the  billiard 
halls.  On  the  evening  of  the  second  day  after  my  arrival,  I  took  the  last  car  for 
Boston,  arriving  there  about  1  o'clock  a.  m.  I  engaged  a  room  in  one  of  the  down 
town  lodging  houses,  where  I  remained  until  7  o'clock  the  next  morning. 

After  breakfast,  I  went  to  Charleston  on  the  street  car  and  engaged  another 
rig  for  the  day.  Driving  out  to  the  suburbs,  I  'phoned  to  my  attorney  and  asked 
him  if  he  had  anything  new  to  report.  He  seemed  much  surprised  to  hear  of  me 
again  and  inquired  where  I  had  been  keeping  myself,  to  which  I  replied  that  I  had 
not  left  the  city.  He  informed  me  of  having  made  some  effort  to  convert  my 
paper  into  cash  and  that  he  desired  to  talk  to  me  personally.  Xot  being  prepared  to 
name  a  place  of  meeting,  I  told  him  I  would  call  up  later  and  make  an  appointment. 

Page  258 


I  then  drove  about  in  quest  of  a  rendezvous  and  finally  located  one  that  I 
believed  would  furnish  me  with  ample  security,  so  I  'phoned  him  about  4  o'clock 
in  the  afternoon,  and  advised  him  where  I  might  be  found.  It  was  agreed  that  he 
would  be  there  at  exactly  10  o'clock  that  night,  so  I  retained  possession  of  the 
buggy,  as  I  thought  to  drive  him  away  immediately  upon  his  putting  in  an  appear- 
ance. The  place  selected  for  this  meeting  was  at  a  point  in  the  center  of  four 
vacant  blocks,  with  streets  running  each  way ;  the  surrounding  blocks  being 
sparsely  settled. 

Promptly  at  10  o'clock,  my  attorney  put  in  an  appearance,  but  as  I  was  then 
several  blocks  away,  I  did  not  recognize  him  at  first.  As  he  walked  up  and  down 
the  street,  however,  I  discovered  that  it  was  my  man,  and  drove  up  to  where  he 
stopped.  Taking  him  into  the  buggy,  we  took  our  departure  for  a  still  more 
sparsely  settled  district. 

My  attorney  was  very  nervous  on  this  occasion  and  kept  looking  over  his 
shoulder  as  if  expecting  to  be  pounced  on  at  any  moment  and  cautioned  me  all 
the  while  to  be  careful.  I  assured  him  that  there  was  no  danger  and  devoted  some 
little  time  in  an  effort  to  brace  him  up.  When  he  recovered  his  composure  some- 
what, he  wanted  to  know  what  I  would  do  in  event  of  being  stopped  by  a  police- 
man. 

"Policeman?"  said  I,  derisively,  "why,  I'd  eat  him  up!" 

"But  what  if  several  of  them  should  appear  together  and  summon  you  to 
halt?"  he  inquired. 

"Eat  them  up,  too,"  I  answered. 

I  suspected  at  this  very  moment  that  I  was  being  quizzed  for  a  purpose, 
and  did  not  propose  to  have  this  man  report,  if  that  was  really  his  object,  that  I 
would  be  an  easy  mark,  and  that  all  they  need  to  do  was  to  come  after  me.  I  would 
at  least  have  the  satisfaction  of  putting  fear  into  the  hearts  of  some  few  of  my 
pursuers,  'ere  they  had  ventured  to  make  chase,  and  would  have  them  think,  at 
least,  that  more  or  less  blood  would  be  shed  before  I  was  made  to  bite  the  dust. 

"Would  you  really  shoot  to  kill?"  he  asked  me. 

"Xever  shoot  any  other  way,"  I  answered,  growing  enthusiastic  on  the  sub- 
ject; "and  what  is  more,  I  rather  enjoy  the  sport.  I  go  armed  for  that  purpose 
and  carry  a  regular  arsenal  with  me  all  the  time.  Do  you  know,"  said  I,  "that  it 
would  take  a  small  army  to  capture  me  at  the  present  time  ?" 

"You  Western  fellows  are  built  differently  from  any  men  I  have  ever  met 
before,"  ventured  my  attorney,  nervously,  and  continuing  he  remarked :  "You 
are  all  so  dead  in  earnest  that  an  ordinary  man  would  stand  no  show  against  one 
of  you." 

I  was  half  inclined  to  feel  a  bit  swelled  up  as  a  result  of  this  remark,  as  I 
could  see  that  my  man  of  law  was  sincerely  in  earnest  himself  and  believed  that 
what  he  was  saying  was  true. 

"How  about  my  grip  and  the  money?"  I  inquired. 

"Haven't  been  able  to  do  a  thing,"  he  said,  "but  came  here  tonight  to  warn 
you  that  the  town  is  full  of  secret  service  men,  and  as  it  is  reported  you  are  still 
in  the  city,  they  are  determined  to  land  you,  dead  or  alive." 

"Do  you  know  this  to  be  true?"  I  asked. 

"Yes,  sir,  I  have  it  from  a  most  reliable  source  and  not  only  are  they  look- 
ing for  you,  but  have  been  trailing  me  also.  They  know  that  I  have  visited  your 
former  boarding  house  a  number  of  times,  and  they  have  been  watching  me  for 
several  days  past  from  the  time  that  I  leave  home  in  the  morning  until  I  return 
in  the  evening.  Even  tonight,  I  had  difficulty  in  eluding  their  vigilance,  but  man- 
aged to  shake  off  a  fellow  after  he  had  followed  for  several  blocks. 

"Even  the  telephone  service,  I  am  told,  has  been  turned  over  to  Burns' 
men,  and  I  got  this,  too,  from  an  authentic  source.  The  bank,  for  some  reason, 
refuses  to  cash  the  check,  for  the  present,  but  I  still  hope  to  get  the  money  for 
you.  As  for  the  grip,  I  cannot  make  up  my  mind  to  risk  the  attempt.  It  might 
work,  but  what  if  I  should  be  intercepted  and  it  was  taken  away  from  me?" 

Page    259 


"As  to  the  money,"  said  I,  "I  am  in  no  hurry  to  get  it,  but  I  must,  in  some 
way.  secure  the  grip." 

"I  believe,"  said  he,  "if  you  can  get  along  without  it  for  awhile,  it  would 
be  much  better  to  leave  it  where  it  is.  as  Burns  has  evidently  made  up  his  mind 
that  there  is  nothing  more  of  your  belongings  in  that  house,  for  if  the  detectives 
thought  differently  they  would  surely  make  a  further  investigation.  Burns'  men 
are  guarding  the  house,  but  evidently  for  the  purpose  of  catching  you.  should 
you  attempt  to  return." 

The  talk  that  my  attorney  put  up  on  this  occasion  convinced  me  that  he  was 
not  standing  in  with  the  detectives,  but  I  could  not  satisfy  myself  that  he  had  used 
his  best  efforts  in  my  behalf  in  the  matter  of  securing  the  money.  However,  I 
told  him  that  I  expected  to  leave  the  city  on  the  evening  following  and  would  go 
to  Portland,  Maine,  for  a  month  or  so  until  matters  would  cool  down.  He 
thought  this  a  good  plan  and  suggested  that  I  correspond  with  him,  which  I  prom- 
ised to  do.  Returning  him  to  the  car  line,  I  bade  him  goodby  for  the  present  and 
drove  away. 

After  driving  some  distance,  I  met  a  workman  carrying  a  dinner  pail  and 
some  tools,  and  bargained  with  him  to  return  the  team  to  the  livery,  some  four 
miles  distant,  which  he  agreed  to  do  for  a  dollar.  He  looked  like  an  honest  fel- 
low and  I  thought  it  safe  to  take  the  chance,  besides,  I  had  determined,  instead 
of  leaving  on  "the  evening  following"  and  going  to  "Portland,  Maine."  to  go  on 
t<  •  Xew  York  City :  so  taking  the  street  car  to  Worcester,  I  caught  the  1  o'clock 
train  that  night  and  arrived  in  Xew  York  the  next  morning. 

Engaging  a  room  at  the  Cadillac,  43d  and  Broadway,  I  remained  at  this 
hotel  for  three  days  and  went  about  my  business  throughout  the  city  as  though 
nothing  unusual  had  happened.  I  did  not  disguise  myself  in  any  manner,  as  I 
did  not  deem  it  necessary. 

From  the  hotel,  I  moved  to  a  private  boarding  house  on  West  44th  street, 
where  I  remained  for  ten  days  longer,  making  my  entire  stay  in  Xew  York  City 
just  thirteen  days  altogether. 

I  put  in  the  time  as  pleasantly  as  possible  under  the  circumstances,  though 
I  cannot  say  that  I  enjoyed  my  visit,  as  the  loss  of  my  grip  was  continually  prey- 
ing on  my  mind,  and  I  felt  ill  at  ease  because  of  the  uncertainty  of  being  able  to 
recover  it. 

I  did  not  abandon  hope,  however,  and  being  determined  on  making  another 
try.  I  returned  to  Worcester,  from  whence  I  went  into  Boston,  arriving  there 
after  an  absence  of  exactly  two  weeks. 

About  9:30  a.  m..  I  'phoned  to  my  friend  (the  gentleman  who  had  taken 
me  to  his  brother's  farm  on  the  morning  immediately  after  my  escape  from 
Burns),  and  informed  him  of  my  return  to  the  city,  referring  to  myself  as  the 
doctor,  and  taking  the  precaution,  as  I  had  on  previous  occasions  in  talking  with 
him  over  the  'phone,  to  inquire  how  my  patient  was  getting  along.  We  arranged 
for  a  meeting  for  10:30,  and  at  the  appointed  time,  he  came  to  see  me. 

As  I  had  not  talked  with  him  immediately  before  my  departure  from  Bos- 
ton, I  made  him  acquainted  with  what  took  place  at  that  time :  how  my  attorney 
had  failed  in  his  efforts  to  secure  the  grip  and  that  the  money  also  was  being 
withheld  by  the  bank.  I  likewise  informed  him  of  my  visit  to  Xew  York  City 
and  described  how  I  had  led  my  attorney  to  believe  that  I  had  gone  to  Portland. 
Maine,  and  of  having  told  him  that  I  would  leave  at  a  certain  time,  but  took 
my  departure  just  one  day  earlier  than  that  stated. 

Asking  my  friend  as  to  the  prospect?  of  securing  my  grip  at  this  time. 
he  said  that  he  had  not  been  to  the  boarding  house  since,  having  acted  under  my 
suggestion  that  he  keep  away  and  give  the  detectives  an  opportunity  to  become 
discouraged.  He  could  not  say  as  to  whether  the  place  was  still  being  watched, 
but  had  been  given  to  understand  that  the  officers  were  still  looking  for  me. 

Being  of  the  opinion  that  it  would  be  safe,  at  least,  for  my  friend  to  call  on 
the  landlady,  and  believing,  further,  that  she  would  know  if  the  detectives  were 

Page  260 


United  States  District  Judge  Charles  E.  Wolverton,  of  Oregon,  who,  on  July  6,  1906 

sentenced  Puter  to  two  years  in  the  Multnomah  County  jail  at  Portland 

and  to  pay  a  fine  of  $7,500,  and  likewise  gave  Horace  G. 

McKinley  a  similar  sentence  in 

February,  1908 


still  hovering  about,  I  requested  my  friend  to  go  there  for  the  purpose  of  studying 
conditions,  and  if,  in  her  judgment,  it  would  be  safe  to  take  the  grip  away,  to 
'phone  me  from  her  place  and  that  I,  in  turn,  would  'phone  to  her,  giving  instruc- 
tions to  turn  the  grip  over  to  him.  She  had  appeared  to  act  so  cautiously  and  in 
my  interests  in  the  past,  during  my  first  trouble  with  Burns,  that  I  had  every  con- 
fidence in  her  judgment  at  this  time,  and  in  order  to  dispel  any  question  which 
might  arise  in  her  mind  as  to  my  friend's  authority  in  demanding  the  grip.  I 
thought  it  best  to  speak  with  her  personally,  as  she  would  readily  recognize  my 
voice  over  the  'phone. 

As  it  was  agreed  that  my  friend  would  call  me  up  at  exactly  noon,  at  a 
certain  drug  store  in  the  neighborhood,  I  wras  there  on  time  and  waited  but  a 
few  minutes  when  the  bell  rang  and  I  was  summoned  to  the  'phone.  Upon  calling 
on  the  landlady,  my  friend  learned  that  the  grip  had  been  taken  away  some  time 
before  by  my  attorney  and  that  the  detectives,  while  frequently  seen  about  the 
place,  had  not  been  stationed  there  regularly,  as  was  the  case  some  two  weeks 
before.  At  least,  the  landlady  was  quite  sure  that  her  house  was  not  being 
watched  so  closely.  She  expressed  great  fear,  however,  as  to  my  safety  and  re- 
quested my  friend  to  caution  me,  under  no  consideration,  to  come  to  her  place. 
She  thought  my  only  hope  was  to  leave  the  country. 

My  friend  did  not  'phone  to  me  from  the  boarding  house,  as  there  was  no 
occasion  for  doing  so,  but  instead,  used  another  'phone  some  few  blocks  away, 
where  he  advised  me  as  to  the  conditions. 

I  was  delighted  to  learn  that  my  grip  had  been  secured,  and  supposed,  of 
course,  because  of  his  success  along  this  line,  that  my  money  was  also  in  waiting, 
and  that  all  I  need  to  do  was  to  notify  my  attorney  of  my  presence  in  the  city 
and  make  an  appointment  to  receive  my  belongings. 

After  eating  lunch  and  waiting  until  such  time  as  I  thought  he  would  be  in 
his  office,  I  called  him  up  and  received  the  time-honored  reply  that  the  one  I 
sought  was  busy,  but  to  "hold  the  'phone  about  fifteen  or  twenty  minutes,"  when 
he  would  be  at  leisure  and  talk  with  me. 

I  neither  waited,  nor  did  I  "hold  the  'phone,"  preferring  to  improve  the 
time  by  moving  along  and  taking  my  chances  elsewhere. 

Calling  up  again,  I  simply  advised  my  attorney  that  I  wished  to  see  him 
on  business  and  he  agreed  to  come  to  the  place  of  our  last  meeting  at  10  o'clock 
that  night. 

I  experienced  some  little  difficulty  in  securing  a  good,  swift  horse  for 
that  evening,  the  first  livery  man  called  on  refusing  to  give  me  what  I  asked  for 
without  my  being  identified,  while  at  the  second  livery  stable,  I  could  not  find 
anything  that  I  would  accept  for  the  occasion.  The  third  place,  however,  was 
well  equipped  with  fast  horses  and  light  rigs,  and  the  owner  of  the  establishment. 
less  suspicious,  so  I  got  exactly  what  I  wanted  upon  deposit  of  $3.50.  the  price 
named  for  the  hire. 

I  fully  expected  to  leave  the  city  of  Boston  that  night  with  all  that  was 
mine,  except,  of  course,  the  trunk  which  Mr.  Burns  had  confiscated,  but  I 
cared  nothing  for  that.  It  was  the  grip  that  I  wanted  most  and  as  a  side  issue, 
the  money,  of  course,  would  come  in  handy. 

My  attorney  came  at  the  appointed  time  and  was  taken  into  my  buggy 
and  driven  away  as  before  at  a  rapid  rate.  He  brought  nothing  with  him  and  as 
I  had  been  advised  in  advance  of  existing  conditions.  I  thought  to  let  him  tell  his 
story,  without  intimating  any  knowledge  of  what  had  taken  place  in  my  absence. 

It  was  evident  he  expected  me  to  broach  the  subject,  as  we  had  driven 
some  distance  before  he  said  anything  about  the  matter  at  issue.  Other  things,  of 
little  or  no  consequence,  were  spoken  of,  but  no  mention  was  made  of  the  grip  or 
money.  After  a  time,  however,  he  ventured  to  inform  me  that  he  had  secured  the 
grip  and  had  placed  it  in  one  of  the  safe  deposit  vaults  of  the  city  for  security, 
but  would  have  me  believe  that  the  detectives  suspicioned  his  actions  in  removing 
a  "package"  from  the  lodging  house  and  were  watching  the  vault. 


Page    262 


This  story  sounded  mighty  fishy  to  me,  but  I  refrained  from  expressing 
myself.  He  had  the  grip,  that  much  I  knew,  but  why  he  should  wish  to  retain 
possession  of  it  was  more  than  I  could  comprehend.  Of  one  thing  I  was  certain, 
there  was  something  underlying  this  man's  motives  for  acting  as  he  did,  and  I 
would  have  given  a  good  deal  at  that  moment  to  have  possessed  the  ability  to 
read  his  mind.  In  speaking  of  the  check,  he  said  that  he  had  not  called  at  the 
bank  for  several  days,  but  that,  upon  his  last  visit,  the  bank  officials  were  still 
undecided  as  to  what  to  do. 

Driving  along  until  I  came  to  a  secluded  spot  and  where  I  believed  we 
would  meet  with  no  interruption,  I  pulled  up  the  horse  and  after  bringing  him  to 
a  full  stop,  I  turned  in  the  buggy,  and  facing  my  attorney,  gave  him  such  a  look 
as  I  believed  would  lend  emphasis  to  my  remarks,  and  after  hesitating  for  a  mo- 
ment, during  which  time  I  never  changed  my  expression,  I  asked : 

"How  much,  sir,  do  I  owe  you  for  your  trouble  ?" 

Replying  he  said,  "I  dislike  to  name  any  price  until  I  have  accomplished 
something  more  for  you." 

"I  want  to  knaw,"  said  I,  "just  where  we  stand." 

"I  think  I  can  do  something  for  you  before  many  days,"  he  answered. 

"How  soon,"  I  asked. 

"Don't  like  to  say  definitely,"  he  replied. 

"Got  to  have  something  definite,  and  tonight,"  I  told  him. 

"Well,"  said  he,  "I  don't  like  to  jump  in  and  make  a  botch  of  the  job.  If 
I  can  have  a  little  more  time,  I  believe  that  everything  will  come  out  all  right." 

"How  much  will  I  owe  you  for  your  services  when  you  get  through  with 
this  job?"  I  asked. 

"My  charges  won't  amount  to  much,"  he  evasively  replied,  and  added, 
"you  know  I  haven't  really  done  very  much." 

"Now  look  here,"  said  I,  "I  am  willing  to  give  you  just  one  more  chance 
—just  one  and  that  will  end  the  matter.  If  you  can  secure  and  deliver  to  me  both 
the  grip  and  money  and  will  do  so  by  tomorrow  night,  the  privilege  is  yours,  but 
after  that  time,  I  must  look  elsewhere  for  assistance." 

I  then  informed  him  that  I  had  a  brother  in  Chicago,  an  attorney,  and 
that,  if  he  failed  to  make  good  within  the  time  specified,  I  would  go  on  to 
Chicago  and  place  the  matter  in  my  brother's  hands. 

"My  brother  in  Chicago"  was  all  a  myth,  but  it  seemed  to  have  the  desired 
effect,  as  the  attorney  assured  me  it  would  be  useless  to  go  to  the  expense  of 
having  my  brother  come  all  the  way  from  Chicago  to  Boston  to  look  after  my 
affairs,  as  it  would  mean  a  matter  of  a  few  days  at  the  very  outside  and  possibly 
not  that  long,  "Not  one  day  longer  than  tomorrow,"  I  interrupted. 

"Well,"  said  he,  "I  will  do  what  I  can,  and  if  you  will  call  me  up  late  in 
the  afternoon,  I  will  give  you  the  result  of  my  efforts." 

I  agreed  to  this,  and  after  returning  him  to  the  car  line,  I  drove  back  to 
the  barn,  turning  the  rig  over  to  the  liveryman  in  person. 

Although  disappointed  and  vexed  over  the  way  things  had  turned  out,  I 
felt  confident  that  the  morrow  would  bring  a  change  for  the  better,  and  that  my 
long-looked-for  grip  would  be  forthcoming  with  the  next  visit  of  my  attorney. 
I  had  given  him  my  ultimatum  and  he  seemed  to  appreciate  the  situation  before 
leaving  me  and  was  undoubtedly  impressed  with  the  fact  that  I  would  put  up 
with  no  further  delays. 

.Returning  to  my  lodgings,  I  engaged  the  room  for  another  night,  but  my 
sleep  was  uncertain,  and  long  'ere  dawn  I  was  up  and  preparing  for  action. 

I  could  hope  for  no  move  until  late  in  the  afternoon,  so  passed  the  time 
wearily,  as  I  had  grown  impatient  and  could  find  neither  rest  nor  amusement 
until  matters  became  more  settled,  and  I  could  receive  some  word  of  encourage- 
ment from  my  attorney.  I  was  tempted  at  various  times  during  the  day  to 
call  him  up,  but  managed  to  hold  off  until  after  3  o'clock,  when  I  hired  another 
rig  and  looked  about  for  a  favorable  meeting  place. 

Page    263 


After  finding  one.  I  could  hardly  wait  until  I  reached  the  drug  store 
from  which  I  'phoned  him,  and  when  I  learned  that  he  had  secured  the  grip 
and  that  it  was  even  then  at  his  office,  I  forgot  all  about  the  money,  not  even 
thinking  to  ask  if  he  had  cashed  the  check. 

My  attorney  stated  that  it  would  be  impossible  for  him  to  deliver  the  grip 
in  person,  but  that  he  would  send  it  to  me,  at  any  time  and  place  I  might  desig- 
nate, by  one  of  his  assistants,  provided,  however,  that  it  was  to  be  delivered 
after  dark. 

That  was  entirely  agreeable  to  me,  and  as  I  had  previously  located  a 
meeting  place,  I  lost  no  time  in  naming  the  hour,  which  was  to  be  9  o'clock. 
I  would  know  the  young  man,  my  attorney  stated,  as  he  was  quite  tall  and  would 
be  carrying  my  grip,  which  I  would  readily  recognize. 

The  end  was  apparently  in  sight,  and  as  I  was  feeling  pretty  good,  I  drove 
to  a  livery  stable  and  put  up  the  rig,  ordering  the  horse  to  be  well  fed  and 
groomed,  and  stating  that  I  would  call  in  about  two  hours. 

After  treating  myself  to  something  extra  in  the  way  of  an  unusually 
elaborate  supper,  I  returned  to  the  stable  and  found  my  horse  hitched  up  and 
waiting.  I  had  plenty  of  time  on  my  hands,  and  while  I  was  somewhat  impa- 
tient for  the  appointed  hour  to  arrive  when  I  could  take  over  my  effects,  I  was 
reasonably  happy  and  contented  and  did  not  mind  the  wait. 

It  might  appear  to  my  readers  that  my  action  in  consenting  to  meet  this 
young  man  was  rather  injudicious  on  my  part,  but  I  did  not  so  consider  it.  as 
I  figured  that  no  one  person  could  get  the  drop  on  me  and  especially  at  that 
hour  of  the  evening.  Besides,  I  always  took  the  precaution  to  locate  my  man 
and  the  surrounding  conditions  before  exposing  myself  to  view,  and  it  would 
have  been  mere  folly  for  even  an  officer,  single  handed,  to  attempt  my  arrest. 

I  was  also  quite  sure,  because  of  what  had  taken  place,  that  no  officer 
would  care  to  undertake  the  job  unless  he  was  backed  up  by  men  tried  in  the 
service  and  of  known  staying  qualities.  Even  at  that,  it  would  have  required 
considerable  diplomacy  on  the  part  of  the  officers  to  surround  and  get  the  drop 
on  me,  and  I  did  not  believe  such  a  thing  possible,  as  I  was  on  the  alert  at  all 
times  and  on  the  lookout  for  just  such  an  attempt  being  made. 

Promptly  at  9  o'clock,  as  I  was  driving  toward  the  car  line,  I  saw  the 
young  man  alight  from  a  street  car  and  walk  in  an  opposite  direction.  It  was 
not  long  until  I  had  overtaken  him,  and  with  lines  in  one  hand  and  my  gun  in 
the  other,  I  brought  the  horse  up  short  and  suggested  that  he  join  me  in  the 
buggy  and  be  quick  about  it. 

Complying  with  my  request,  the  young  man  jumped  in,  took  a  seat  by  my 
side  and  we  were  soon  well  out  in  the  rural  districts. 

Xothing  had  been  said  about  his  mission  until  I  stopped  to  replace  the 
check  line,  which  I  noticed  was  dangling  at  the  horse's  head.  When  I  alighted, 
the  young  man  did  likewise,  and  opened  the  subject  by  informing  me  that  the 
lawyer  had  authorized  him  to  collect  $25  for  delivering  the  grip,  and  which 
amount,  he  explained,  was  for  himself  personally. 

Upon  first  entering  the  buggy,  the  young  man  placed  the  grip  in  front 
of  him,  where  it  had  remained  until  this  time. 

Replacing  the  check  line,  I  was  about  to  enter  the  buggy,  when  the  young 
man,  taking  my  watch  chain  and  a  number  of  other  articles  from  his  pocket, 
delivered  them  to  me,  with  the  remark: 

"He  told  me  to  hand  these  to  you  also,"  and  pointing  to  my  grip  he  ^dded : 
"He  took  them  out  of  there,  as  he  thought  it  would  be  safer." 

"What!"  said  I,  "my  grip  opened!"  I  was  so  vexed  and  angered  to 
think  that,  after  all  this  worry,  I  should  actually  find  my  grip  unlocked  and  in 
all  probability  ransacked,  that  I  picked  it  up  and  threw  the  whole  thing,  grip, 
contents  and  all.  out  into  the  street,  and  turning  to  the  young  fellow,  I  demanded 
to  know  by  what  right  or  authority  my  grip  had  been  opened. 

"Don't  know  a  thing  about  it,"  he  replied. 

Page    264 


"Who  opened  it?"  I  asked. 

"Your  attorney,  sir,"  he  replied  meekly. 

"With  what?"  I  demanded. 

"With  a  key,"  he  said. 

"Where,  might  I  ask,  did  he  get  the  key?" 

''Bought  it,  I  suppose,  or  maybe  had  it  made." 

"Well,  when  you  see  my  attorney  again,  would  you  do  me  the  kindness 
to  say  to  him  that  he  is  a  damned  rascal,  and  further,  convey  the  information 
that  T  am  responsible  for  having  said  so?" 

I  was  about  to  jump  into  the  buggy  and  drive  off,  leaving  the  grip  where 
it  lay,  when  the  young  man  placed  his  hand  on  my  shoulder  and  in  gentle 
remonstrance  remarked : 

"Don't  do  this,  sir;  it  may  not  be  as  bad  as  you  imagine." 

He  then  picked  up  the  grip  and  replacing  it  in  the  buggy,  said : 

"You  know  I  had  nothing  to  do  with  this  affair.  I  have  simply  acted 
tinder  instructions  and  desire  to  fulfill  my  obligations  to  the  letter." 

He  then  produced  a  package  from  his  pocket  and  handed  it  to  me,  stating 
that  it  was  my  money. 

I  was  so  mad  at  the  time  that  I  didn't  know  whether  to  accept  it  or  not. 
The  money  was  really  of  no  object  to  me,  as  compared  to  the  grip  which  I  wanted 
to  secure,  and  which  I  fully  expected  would  be  returned  to  me  intact. 

It  was  more  through  curiosity  than  anything  else  that  I  accepted  the 
tendered  package,  as  I  could  not  resist  the  temptation  to  learn  what  amount  had 
been  returned  to  me,  and  how  much,  in  the  opinion  of  my  learned  counsel,  he 
was  entitled  to  as  a  fee  for  his  trouble. 

The  very  fact  of  his  taking  my  case  at  all  and  in  aiding  and  abetting  a 
fugitive  from  justice,  would,  in  itself,  warrant  him  in  charging  a  large  sum 
for  his  services,  as  the  law  states  specifically  that  an  attorney  is  not  warranted 
in  doing  so,  and  prescribes  a  severe  penalty  in  such  cases.  Seldom,  indeed,  can 
a  reputable  attorney  be  found  who  will  engage  in  such  an  undertaking,  and ' 
when  they  do,  the  fee  charged  is  usually  a  sum  worthy  of  the  name. 

I  had  expected  in  this  case  to  pay  my  attorney  at  least  $500.  Had  he 
charged  me  $1,000,  I  should  not  have  complained ;  but  when  I  opened  the  package 
and  discovered  that  it  contained  $700,  and  that  he  had  reserved  only  $322  for 
his  trouble,  I  concluded  immediately  that  I  had  been  held  up  from  the  beginning. 

The  fact  is,  this  disciple  of  the  law,  whom  I  have  since  ascertained  was 
a  shyster  of  the  first  magnitude,  knew  full  well  from  the  start  that  my  check 
was  good  and  that  it  would  be  cashed  without  question  immediately  upon  presen- 
tation. He  knew,  too,  that  it  was  wholly  unnecessary  for  him  to  secure  from 
me  a  power  of  attorney  in  order  to  get  the  money,  but  he  also  knew,  because  of 
my  anxiety,  that  my  grip  contained  articles  of  great  importance,  perhaps  a 
million  dollars  in  gold,  or  something  equally  as  valuable. 

His  motive,  therefore,  in  holding  the  check  up,  was  to  allow  time  to  pro- 
cure the  grip,  and  when  he  finally  secured  possession  of  it,  he  was  up  a  stump 
again,  not  knowing,  in  the  absence  of  a  key,  just  how  to  proceed. 

When  limited  to  time,  he  must  act  without  further  delay,  so  he  discovered 
a  way  of  opening  my  grip,  but  neglected,  in  his  disappointment  to  find  that  it 
contained  papers  of  value  only  to  myself,  together  with  a  few  personal  trinkets, 
to  lock  it  again,  or,  perchance,  the  key  wouldn't  work  both  ways,  so  he  was 
forced  to  send  it  in  the  condition  received. 

If  that  grip  had  contained  anything  of  real  value,  my  attorney,  beyond 
the  question  of  a  doubt,  would  have  demanded  a  large  sum  of  money  before 
parting  with  it.  As  it  was,  he  evidently  concluded  that  the  paltry  sum  of  $322 
was  sufficient  for  the  services  rendered,  but  rather  than  take  any  chances  in 
meeting  with  me,  he  held  out  his  price,  and  enlisted  the  services  of  his  clerk  to 
make  the  delivery. 

Page   265 


After  counting  the  money,  I  asked  the  young  man  if  he  thought  his 
associate  in  the  dispensary  of  justice  held  out  enough.  He  didn't  know  as  to 
that,  and  was  evidently  too  badly  scared  to  venture  a  suggestion. 

"Get  into  the  buggy/'  I  said ;  "I  want  to  talk  with  you  a  bit." 

"It's  rather  late  and  I'd  prefer  to  go  home,"  remarked  the  young  man. 

His  countenance  bespoke  the  truth  of  his  utterance,  and  thinking  that 
it  would  be  probably  unjust  to  harass  him  further,  and  as  he  was  really  not  to 
blame  and  not  the  one  I  wanted  to  talk  to  anyway,  I  allowed  that  he  was  right 
and  suggested  that  home  would  be  the  best  place  for  him. 

I  did  not  hesitate  to  discuss  matters  further,  but  jumped  into  the  buggy 
and  drove  in  the  direction  of  the  livery  stable.  Reaching  a  point  within  a  few 
blocks  from  the  place,  I  turned  the  horse  over  to  a  boy  to  return  for  me.  as  I 
did  not  care  to  linger  any  longer  than  was  absolutely  necessary.  Noting  that 
the  rig  was  safely  delivered.  I  boarded  a  street  car  for  Worcester  and  barely 
caught  the  train  for  Xew  York. 


Officers  of  the  Diamond  Match  Company  inspecting  the  property  of  the 

corporation  in  Butte  County,  California,  preliminary  to 

founding  the  Town  of  Stirling 


Page   266 


Chapter  XVIII 


Puter  returns  to  the  Pacific  Coast  for  the  purpose  of  throwing  himself  upon  the 
leniency  of  Francis  J.  Heney,  and  is  recaptured  by  Government  Secret 
Service  Agents  and  local  officers  after  a  series  of  exciting  adventures — 
Gives  a  vivid  account  of  his  arrest  and  subsequent  confinement  in  various 
jails,  in  the  'course  of  which  he  hands  the  Sheriff  of  Alameda  County 
some  left-handed  compliments  for  his  Russianized  methods  of  conducting 
a  prison — Is  much  shocked  to  learn  that  he  was  betrayed  by  Allie  McKinley, 
his  former  partner's  cousin — Is  transported  to  Portland,  Oregon,  where 
he  receives  a  severe  sentence  for  his  misdeeds — Takes  up  the  burdens  of 
life  as  philosophically  us  possible  in  the  Multnomah  County  Jail,  and  re- 
ceives a  New  Year's  gift  from  President  Roosevelt  in  the  form  of  a  Pardon. 

UPON  arriving  at  the  metropolis,  I  engaged  a  room  with  board  in  a  private 
family  on  125th  street  for  a  week,  during  which  I  made  no  effort  at  dis- 
guise.    As  a  matter  of  fact,  I  visited  many  public  places  and  points  of 
interest,  including  the  United  States  Navy  Yard  at  Brooklyn,  the  opening  of  the 
season  at  Coney  Island,  besides  the  billiard  tournament  then  in  progress  in  New 
York  City,  various  theatres  and  other  places  of  attraction.    I  likewise  called  daily 
at  the  Astor  House  news  stand  for  the  Portland  Morning  Oregonian,  so  it  will 
be  seen  that  I  was  indifferent  to  the  question  of  recapture. 

At  the  expiration  of  my  week  with  the  family  on  125th  street,  I  returned 
to  my  old  quarters  on  West  44th  street,  where  I  remained  another  week,  at  the 
end  of  which  time  I  resolved  to  return  to  the  Pacific  Coast. 

For  the  past  ten  days  I  had  been  debating  in  my  mind  when  to  go  back 
and  see  Mr.  Heney.  It  was  difficult  to  determine  on  the  correct  course  to  pursue, 
as  I  had  no  knowledge  as  to  how  Mr.  Heney  would  view  the  situation,  or  of 
his  probable  action  in  event  that  I  returned  and  gave  myself  up.  I  knew,  as  a 
matter  of  fact,  that  I  was  already  convicted  in  the  11-7  case  and  was  out  under 
$4,000  bond,  a  motion  having  been  filed  for  a  new  trial.  I  also  knew  that  I  had 
been  indicted  jointly  with  F.  Pierce  Mays  and  others  in  the  24-1  case,  in  which 
I  had  been  placed  under  an  additional  sum  of  $4,000,  making  $8,000  in  all,  and 
that  there  were  still  other  indictments  hanging  over  me.  I  had  neither  thought 
nor  desire  to  escape  these  indictments,  as  I  believe,  because  of  having  joined 
forces  with  the  Government  officials,  and  by  reason  of  the  valuable  services 
rendered  Mr.  Heney  immediately  after  my  conviction,  that  I  would  be  shown 
leniency,  as  I  had  been  very  active  in  the  matter  of  securing  evidence  against 
Senator  Mitchell,  F.  Pierce  Mays  and  others. 

At  the  time  of  presenting  the  evidence  in  question,  the  public  in  general, 
believing  that  I  was  actuated  by  revengful  motives,  clamored  for  my  scalp  and 
the  lie  was  given  in  toto  to  my  every  declaration.  Even  Mr.  Heney,  at  first, 
seemed  dubious,  but  the  time  soon  arrived  when  all  doubt  was  dispelled,  and  not 
only  was  Mr.  Heney  convinced,  but  the  public  likewise  was  forced  to  accept 
as  true  every  statement  made  by  me  relative  to  the  guilt  of  the  defendants. 

I  had  known,  from  my  association  with  Mr.  Heney,  that  he  was  one  who 
admired  the  truth.  He  insisted  on  and  would  have  it  and  nothing  short  of  the 
whole  truth  would  suffice.  This  I  had  given  him,  varying  neither  to  one  side  or 
the  other,  but  keeping  ever  in  the  straight  and  narrow  path,  and  as  a  reward  for 
the  services  rendered,  I  could  not  but  believe  that  he  would  deal  graciously  with 
me  concerning  the  case  in  which  I  was  convicted,  as  well  as  those  under  which 
I  had  been  indicted. 

Page    267 


At  no  time  did  Mr.  Heney  or  those  associated  with  him  in  my  prosecution, 
promise  me  immunity,  nor  had  I  discussed  the  subject  with  them,  or  they  with  me. 
I  had  observed,  however,  that  Mr.  Heney  treated  me  with  every  consideration  and 
kindness  and  that  he  was  disposed  to  be  friendly  with  me,  particularly  so  after 
he  had  made  the  discovery  that  I  told  him  the  truth  and  had  worked  to  the  end 
that  additional  testimony  and  evidence  was  adduced  in  substantiation  of  my 
statements. 

In  reviewing  these  incidents,  I  also  called  to  mind  having  appeared  before 
the  U.  S.  Grand  Jury,  in  the  presence  of  Mr.  Henev,  at  which  time  I  related  in 
•  detail  my  connection  with  the  cases  under  consideration  and  which,  of  itself. 
places  me  beyond  the  means  of  offering  a  defense,  should  Mr.  Heney  feel  dis- 
posed to  push  the  cases,  and  if  convicted  in  each  one,  it  would  mean  a  term  of 
years  in  the  penitentiary-  that  would  remove  all  hope  of  ever  being  able  to  meet 
my  obligations,  as  the  interest  alone  on  my  accumulated  debts  would  amount  to  no 
small  item  in  itself.  My  family,  too,  which  consisted  of  a  wife  and  six  children,  was 
dependent  upon  me  for  support  and  this  fact  alone  weighed  heavily  on  my  mind. 

My  escape  from  Burns  was  the  only  stumbling  block  in  the  way.  I  knew 
of  course,  that  he  would  exert  himself  to  the  utmost  to  influence  Mr.  Heney 
against  me,  for  although  wre  had  been  the  best  of  friends  during  the  land  fraud 
trials  in  Oregon,  while  I  assisted  the  prosecution  in  the  collection  of  evidence 
against  the  accused,  recent  events  would  unquestionably  have  changed  his  feelings 
toward  me.  as  my  escape  in  Boston  was  the  first  time  Burns  had  met  with  defeat. 
and  to  one  of  his  reputation  and  pride,  this  incident,  which  was  given  widespread 
publicity,  was  very  humiliating. 

I  reasoned,  however,  that  it  was  with  Mr.  Heney.  not  Burns,  that  I  had  to 
deal,  and  that,  if  I  could  only  convince  him  of  the  truth  of  my  position  in  this 
matter  throughout,  I  would  have  nothing  to  fear. 

I  resolved,  therefore,  to  return  to  San  Francisco  and  seek  an  interview  with 
Mr.  Heney.  at  which  time,  it  was  my  purpose  to  lay  the  whole  matter  before  him 
and  to  explain  just  why  I  had  gone  East  and  what  I  was  doing  there  when  Burns 
appeared  on  the  scene.  I  would  also  explain  to  him  why  I  determined  to  escape, 
the  incidents  attending  my  escape,  and  subsequent  events,  all  of  which,  I  believed, 
w^ould  convince  Mr.  Heney  that  I  had  no  intention  of  leaving  the  country. 

If,  after  explaining  matters,  I  found  that  Mr.  Heney  took  a  liberal  view  of 
the  situation,  and  showed  a  disposition  to  receive  me  into  the  fold  and  to  accord 
me  the  same  treatment  afforded  me  before  leaving  Portland  for  the  East.  I  would, 
in  that  case  inform  Mr.  Heney  that  I  was  at  his  command  and  request  him  to 
state  his  pleasure.  If,  however,  I  found  him  ill  disposed  to  receive  me  kindly,  or 
to  give  my  story  due  consideration,  I  would,  in  such  an  event,  tell  him  that  I  must 
take  my  departure  and  return  from  whence  I  came. 

As  a  matter  of  fact,  my  idea  in  wishing  to  hold  private  conference  with 
Mr.  Heney  was  based  on  a  desire  to  sound  him  as  to  his  feelings  towards  me.  I 
had  fully  made  up  my  mind  to  be  governed  entirely  by  his  conduct  upon  that 
occasion.  If  his  manner  should  indicate  a  lack  of  forgiveness,  or  that  he  was  in- 
clined to  be  arbitrary  with  me.  it  was  my  intention  to  make  every  pretense  of 
yielding  to  his  terms,  and  then  lose  no  time  in  getting  out  of  the  country.  I  had 
planned  to  take  the  overland  route  on  foot  through  Sonoma  and  Mendocino 
counties  to  my  old  home  in  Humboldt  county,  where  I  was  perfectly  familiar  with 
every  inch  of  the  ground,  and  where  I  could  remain  secluded  among  friends  in  the 
backwoods  until  the  affair  had  blown  over.  After  that  I  could  make  my  way  to 
the  seacoast  and  secure  passage  on  some  sailing  vessel  bound  for  a  foreign  port, 
and  thus  be  in  a  position  to  defy  the  Federal  authorities.  These  are  the  matters 
that  had  been  revolving  in  my  mind  from  the  moment  I  had  determined  upon 
my  present  course,  and  explains  my  motive  in  wishing  to  meet  the  Government 
prosecutor  at  some  neutral  point  where  he  wrould  not  hold  all  the  advantage. 

As  a  word  of  additional  explanation  of  my  position.  I  will  state  that, 
before  leaving  New  York  City  for  the  Pacific  Coast,  I  had  thoroughly  made  up 

Page   268 


my  mind  that  I  could  make  no  headway  in  a  Government  penitentiary;  that  my 
debts,  which  I  was  desirous  of  paying,  must  stand  indefinitely  and  I  questioned 
that  I  could  ever  settle  them  at  all,  while  my  family  must  go  without  my  care  and 
support.  Outside  prison  walls,  I  would  soon  be  enabled  to  square  up  everything, 
and  at  the  same  time,  give  to  my  family  the  protection  it  demanded  and  furnish 
the  necessaries  of  life.  This  I  wanted  to  do  in  America,  but  if  forced  to  do  so,  I 
believed  that  it  could  be  done  elsewhere.  However,  after  debating  the  subject 
with  myself  pro  and  con,  I  decided  that  my  only  hope  was  in  Mr.  Heney,  and  that 
I  must  call  on  him  without  further  delay. 

Settling  my  bill  at  the  boarding  house,  I  purchased  a  ticket  for  San  Fran- 
cisco over  the  Santa  Fe  route,  via  St.  Louis  and  Kansas  City,  leaving  New  York 
City  on  May  llth,  1906,  and  arriving  at  Point  Richmond,  on  San  Francisco  bay, 
on  the  evening  of  the  15th. 

As  the  train  was  late  in  arriving,  and  accommodations,  on  account  of  the 
recent  earthquake  in  San  Francisco,  were  difficult  to  secure,  the  Pullman  conduc- 
tor informed  his  passengers  that  they  might  occupy  their  berths  until  the  fol- 
lowing morning. 

Remaining  in  the  car,  as  I  did  not  care  to  venture  home  that  night,  lest 
it  was  being  watched,  I  arose  early  on  the  following  morning  and  my  first  thought 
was  to  learn  if  Mr.  Heney  was  in  the  city,  and  if  so,  to  reach  him  by  'phone. 
It  was  not  my  intention  to  talk  with  him  personally,  but  to  reach  him  by  process 
of  some  friend,  through  whom  I  might  learn  if  he  was  in  the  city.  I  spent 
something  like  half  a  day  in  this  effort,  but  could  do  nothing,  as  the  telephone 
system  was  completely  demoralized. 

I  then  took  the  car  for  Alameda,  going  through  Oakland,  where  I  walked 
through  the  streets  crowded  with  refugees  from  San  Francisco,  arriving  at 
Alameda  about  1 :30  p.  m.  and  going  direct  to  the  Park  Hotel,  which  was  the  only 
hotel  in  the  city.  Here  I  engaged  a  room  and  registered  under  an  assumed 
name. 

After  eating  luncheon  in  the  hotel  cafe,  I  went  to  the  main  office  of  the 
telephone  company  and  called  up  my  home,  the  telephone  being  answered  by  one 
of  my  little  boys,  who  inquired  what  was  wanted.  As  I  recognized  the  voice  as 
that  of  the  one  who  owned  a  lot  of  pigeons,  I  asked  him,  in  a  muffled  tone,  if  he 
had  any  squabs  for  sale.  I  did  not  care  to  risk  his  recognizing  me  at  this  time, 
as  little  fellows,  in  their  enthusiasm,  will  sometimes  talk  too  much. 

Being  informed  that  he  had  a  number  of  squabs  and  that  they  were  for 
sale,  I  made  an  appointment  with  him  for  that  evening  at  8:30,  requesting  him 
to  meet  me  at  a  certain  point  in  West  Berkeley,  which  he  said  he  would  do  and  I 
hung  up  the  receiver. 

Returning  to  my  room,  I  passed  the  time  in  reading  accounts  of  the  re- 
cent disaster  in  San  Francisco  and  at  the  appointed  time,  I  met  my  son.  As  I 
had  not  seen  the  little  fellow  for  something  like  six  months,  he  passed  me  on 
the  street  corner  without  recognition,  but  had  gone  but  a  few  paces  when  I 
stopped  him  with  the  inquiry  as  to  why  he  should  pass  his  father  in  that  manner. 
The  lad  paused  for  a  second,  and  when  he  realized  that  it  was  really  me,  bounded 
into  my  arms.  His  joy  was  unbounded,  and  it  was  with  difficulty  that  I  could 
restrain  him  from  crying  aloud  in  his  demonstration  of  affection  and  pleasure. 

After  quieting  the  lad,  I  told  him  that  it  was  none  other  than  myself  who 
had  'phoned  about  the  pigeons,  and  now  that  he  had  kept  his  appointment,  I  had 
still  another  and  more  important  duty  for  him  to  perform. 

The  little  fellow  was  willing,  so  I  instructed  him  to  inform  his  mother  that 
I  had  returned,  both  safe  and  sound,  and  that  I  was  waiting  to  see  her  at  the 
same  place  where  I  had  met  the  boy.  I  cautioned  him  not  to  speak  of  the  incident 
in  the  presence  of  his  sisters  or  brothers,  or  any  one  else,  but  to  take  his  mamma 
upstairs  and  deliver  the  message  where  no  one  else  would  hear. 

He  was  off  at  once,  and,  as  there  were  but  eight  blocks  to  go  in  reaching 
home,  it  was  but  a  short  time  before  he  came  back  with  his  mother,  both  arriving 

Page    269 


with  flushed  faces  and  laboring  under  much  excitement.  It  was  not  intended 
that  the  boy  should  return,  but  in  pleading  his  own  cause  at  the  time,  he  said: 
"Papa,  I  couldn't  stay  away."  In  this  case,  there  was  no  evidence  to  offer  in 
rebuttal. 

Needless  to  say  that  I  was  delighted  to  meet  my  wife  once  more,  as  she 
was  also  to  see  me.  My  business  had  often  kept  me  from  home  a  great  deal,  but 
this  was  the  longest  time  I  had  ever  been  away  from  my  family,  and  it  made  the 
reunion  a  doubly  happy  one,  more  especially  as  it  established  the  fact  that  every 
member  of  the  family  was  in  good  health  and  that  the  appalling  disaster  of  a  feu- 
weeks  before  had  not  materially  affected  their  surroundings. 

After  briefly  relating  my  experiences,  I  informed  my  wife  that  I  had  re- 
turned for  the  purpose  of  seeing  and  talking  with  Mr.  Heney,  although  for  the 
present,  I  must  keep  in  the  background.  I  told  her  where  I  was  stopping  and 
said  that  I  would  'phone  her  every  day,  but  that  she  must  not  call  me  up.  It  was 
also  understood  that  nothing  should  be  said  to  the  other  children,  or  to  those  who 
were  stopping  at  the  house,  some  ten  persons  in  all. 

I  explained,  of  course,  that  it  might  be  several  days  before  I  could  locate 
Mr.  Heney  and  arrange  for  an  interview.  In  the  meantime,  I  must  busy  myself 
in  an  effort  to  find  someone  worthy  the  task  of  adjusting  matters  for  me  with  him. 

I  informed  Mrs.  Puter  that  it  was  my  intention  to  try  and  locate  Mrs. 
Marie  Ware  McKinley.  Horace's  wife,  and  also  Mrs.  Emma  L.  Watson,  through 
one  of  whom,  I  believed  it  possible  to  arrange  for  a  meeting  with  Mr.  Heney. 

She  stated  that  Mrs.  McKinley  and  Albert  ("AJlie")  McKinley.  Horace's 
cousin,  had  called  at  the  house  several  times  during  the  past  few  weeks,  and  that 
the  latter  had  told  her  that  he  had  been  in  communication  with  the  La  Crosse 
people  with  whom  Horace  had  difficulty  and  they  had  expressed  a  desire  for 
Horace  to  return,  as  it  was  not  their  intention  to  prosecute  him,  but  would  give 
him  all  the  time  necessary  to  square  matters  with  them.  Allie  McKinley, 
declared  my  wife,  seemed  to  take  a  great  interest  in  the  personal  welfare  of  my- 
self and  his  cousin  Horace.  In  speaking  of  the  trouble,  he  suggested  that,  if  it 
were  impossible  for  Mrs.  Puter  to  reach  me  by  letter  or  wire,  it  would  be  well  to 
advertise  through  the  columns  of  the  papers  in  the  larger  cities  of  the  East,  re- 
questing that  I  communicate  with  him.  (Allie  McKinley),  for  valuable  informa- 
tion. Should  a  reply  be  received,  he  would  then  advise  that  I  return  to  San 
Francisco  and  see  him.  My  wife  consented  to  the  plan,  so  McKinley  had  the 
advertisements  inserted  in  the  Xew  York  and  Boston  papers,  as  he  thought  I 
would  be  in  either  one  of  the  two  places.  After  assuring  my  wife  that  I  would 
call  her  up  the  very  first  opportunity,  I  bade  her  good  night  and  returned  to  my 
hotel.  On  the  following  morning,  I  decided  to  ring  up  Mrs.  Watson  first,  for  the 
reason  that  I  knew  that  she  lived  with  her  mother  in  San  Francisco,  and  within 
a  few  blocks  of  Mr.  Heney's  residence.  Mrs.  Watson  had  been  convicted  with 
me  in  the  11-7  case  and  it  was  reasonable  to  believe  that  she  had  talked  frequently 
with  him  and  would  probably  know  how  he  felt  toward  me.  In  any  event,  she 
would  be  in  touch  with  his  whereabouts. 

I  experienced  some  difficulty  in  locating  Mrs.  Watson  over  the  'phone, 
as  she  had  moved  from  her  former  residence,  immediately  after  the  fire  and  was 
now  living  in  Oakland,  across  the  bay.  However,  through  her  friends  I  learned 
where  she  was  living,  and  about  1  o'clock  on  Thursday  afternoon,  talked  with 
her  over  the  'phone,  requesting  that  she  come  to  Alameda  and  meet  me  in  the 
park  at  3  o'clock. 

Upon  meeting  Mrs.  Watson,  she  expressed  great  surprise,  and  remarked 
that  she  supposed  that  I,  too,  had  gone  to  China,  as  she  had  read  several  accounts 
in  the  San  Francisco  papers  of  my  escape  from  Detective  Burns  and  did  not 
think  that  I  would  stop  short  of  some  foreign  country  in  my  anxiety  to  escape 
the  eagle  eye  of  "Foxy  Quiller." 

Assuring  her  that  the  United  States  was  good  enough  for  me,  and  that  I 
was  still  here  and  in  the  flesh,  I  proceeded  by  informing  her  that  I  returned  to 

Page   270 


William  C.  Bristol,  a  brilliant  lawyer  of  strict  integrity,  whose  appointment  as 

United  States  Attorney  for  Oregon  was  opposed 

vigorously  by  Senator  Fulton 


the  Coast  for  the  purpose  of  seeking  an  interview  with  Mr.  Heney  and  that  1 
had  sent  for  her,  hoping  to  enlist  her  aid  to  that  end.  I  asked  Mrs.  Watson 
whether  Mr.  Heney  was  in  the  city,  and  if  so.  if  she  knew  where  he  was  stopping. 

She  replied  that  he  was  in  San  Francisco,  and  while  he  had  changed  his 
office  after  the  fire,  was  still  residing  at  his  old  home  and  that  she  had  called  on 
him  several  times  within  the  past  few  weeks. 

Asked  if  Mr.  Heney  had  made  any  reference  to  either  McKinley  or  my- 
self, Mrs.  Watson  stated  that  he  had  spoken  of  us  on  several  occasions,  and  had 
expressed  surprise  that  we  should  have  gone  away. 

In  discussing  the  matter  with  her  in  a  general  way.  she  maintained  the 
opinion  that  Mr.  Heney  did  not  have  anything  against  either  McKinley  or  myself 
and  insisted  that  he  had  spoken  kindly  of  us  both  at  different  times  and  she 
believed,  if  I  gained  an  interview  with  Mr.  Heney  personally,  as  was  my  expressed 
desire  to  do,  and  would  explain  to  him  the  entire  situation,  he  would  feel  agree- 
able to  the  idea  and  would  meet  me  more  than  half  way  on  any  fair  proposition. 
Mrs.  Watson  volunteered  to  arrange  a  meeting  between  Mr.  Heney  and  myself 
at  her  home,  provided  he  could  be  induced  to  come  there,  and  I  approved  of  the 
plan,  as  Mr.  Heney  could  probably  be  induced  to  come  there  rather  than  to  any 
other  place,  on  account  of  her  connection  with  the  Oregon  trials,  and  on  the 
pretext  that  she  had  some  information  which  she  wished  to  impart  to  him. 

After  discussing  the  subject  in  order  to  determine  on  a  probable  excu-.- 
she  might  offer  to  Mr.  Heney  for.  not  wishing  to  divulge  the  information  when 
she  called  at  his  office,  I  told  Mrs.  Watson  to  advise  him  that  it  was  in  the 
nature  of  documentary  evidence  which  she  did  not  care  to  risk  carrying  on  her 
person,  but  which,  if  he  would  call  at  her  mother's  residence  in  Oakland,  she 
would  gladly  show  to  him  personally,  and  by  way  of  arousing  his  curiosity,  she 
was  to  exact  from  him  a  promise  that  he  would  not  divulge  to  a  single  person 
where  he  became  possessed  of  the  information,  nor  was  he  to  mention  it  at  all 
until  the  next  session  of  the  Federal  Court  in  Oregon,  at  the  resumption  of  the 
land  fraud  trials. 

Mrs.  Watson  hesitated  to  agree  to  this  deceptive  method  of  bringing  Mr. 
Heney  to  her  home,  but  when  I  pointed  out  to  her  that  she  would  be  telling  the 
truth  in  a  sense — that  I  would  be  there,  if  Mr.  Heney  would  agree  to  come,  and 
would  present  myself  as  the  "documentary  evidence"  and  which  documentary 
evidence,  in  all  truth,  she  could  not  very  well  "risk  carrying  on  her  person,"  I 
could  not  see  where  Mr.  Heney  would  have  any  cause  to  complain,  or  to  call  into 
question  her  reputation  for  truth  and  veracity.  At  any  rate,  I  assured  Mr>. 
Watson  that  no  harm  could  come  of  it,  even  though  her  contention  might  be  con- 
sidered far  fetched. 

I  prevailed  upon  her  finally,  to  view  the  situation  as  I  did.  so  she  agreed 
to  call  on  Mr.  Heney  at  his  office  on  the_day  following — Friday.  May  18th — and 
if  a  conference  was  arranged,  she. could  notify  me  immediately  by  visiting  the 
place  of  our  present  meeting  at  4  o'clock  Friday  afternoon,  but  if  she  should  fail 
to  see  Mr.  Heney,  she  was  then  to  meet  me  on  the  following  morning  at  10  o'clock. 

Returning  to  my  hotel,  I  remained  there  during  the  evening,  and  the  next 
morning  arose  early  and  took  breakfast  in  a  small  restaurant  across  the  street 
from  the  hotel,  after  which  1  read  the  .morning  paper  and  then  sauntered  down 
the  street  to  a  point  where  I  had  noticed-a  number  of  men  and  women  formed  in 
line.  These  I  discovered  to  be  San  Francisco  refugees  awaiting  their  turn  for  their 
morning  rations,  which  were  being  distributed  by  members  of  the  relief  committee. 

Having  a  curiosity  to  learn  how  matters  were  progressing,  I  fell  into  line,, 
and  after  moving  forward  with  the  crowd,  managed,  about  40  minutes  later,  to 
reach  the  inside  of  the  building  and  found  myself  in  front  of  a  long  counter. 
Behind  this  were  several  clerks  busily  engaged  in  filling  orders  on  identification 
cards  handed  in  by  those  entitled  to  consideration.  These  cards  bore  the  name 
of  the  person,  the  number  in  the  family,  and  such  other  information  as  might 
enable  the  clerks  to  make  the  proper  distribution  of  provisions. 

Page    272 


When  my  time  came,  I  was  asked  for  my  credentials  but  had  none  to  pre- 
sent. I  was  determined,  however,  to  make  some  sort  of  stall,  so  I  informed  the 
young  man  that  I  had  the  misfortune  to  lose  my  ticket  on  the  way  down,  but  that 
he  would  surely  remember  me  as  the  person  who  secured  certain  provisions  from 
him  on  the  morning  before. 

The  clerk  felt  sorry  for  me,  he  said,  but  could  not,  in  the  absence  of  my 
duly  signed  credentials,  afford  me  any  relief. 

"Would  you  have  me  return  to  my  wife  and  six  children  without  food?" 
I  asked,  imploringly. 

"Don't  like  to  do  it,  but  the  rules  are  imperative  and  I  cannot  break  them," 
he  replied. 

"How  about  a  loaf  or  two  of  bread,  couldn't  you  let  me  have  that  much?" 
I  pleaded. 

"Can't  do  a  thing  for  you !"  was  the  stern  reply. 

"Would  you  mind  letting  me  stand  here  then  and  satisfy  my  hunger  by 
seeing  others  get  what  they  want  ?"  I  inquired. 

"No  sir,  you  must  move  on !"  he  commanded. 

With  this,  an  old  lady  who  stated  that  she  had  two  little  girls  at  home, 
but  who  evidently  was  of  the  kind  that  would  share  her  last  bun  with  a  needy 
stranger,  confronted  me  with  the  remark: 

"Here,  mister,  take  one  of  my  loaves  home  with  you." 

My  curiosity  had  been  fully  satisfied  and  after  thanking  the  dear  old  soul 
for  her  benevolence,  I  placed  two  fifty  cent  pieces  in  her  hand  and  requested  that 
she  give  one  each  to  the  children  for  me,  upon  her  return  home,  explaining  at  the 
same  time  that  I  had  called  only  to  see  that  things  were  being  properly  conducted 
according  to  instructions. 

The  old  lady  seemed  satisfied  with  my  explanation,  the  clerk  looked  wise 
and  swelled  up  a  bit  to  think  that  I  had  been  outdone  in  my  effort  to  ensnare  him, 
and  I,  too,  feeling  content  as  a  result  of  my  investigation,  extricated  myself  from 
the  crowd  and  was  soon  lost  to  sight,  not  thinking  it  best  to  remain  about  the 
place,  as  it  was  not  unlikely  that  some  official  of  the  relief  committee  might  be 
hovering  near  and  would  inquire  as  to  my  identity. 

Later  I  took  a  walk  in  an  easterly  direction  until  I  came  to  the  county 
road  connecting  Alameda  with  San  Jose  and  continued  down  the  road  to  San 
Leandro,  where  I  ate  luncheon  and  also  'phoned  to  my  wife.  I  then  returned  to 
the  park  in  Alameda  and  waited  for  Mrs.  Watson  until  almost  5  o'clock.  I  re- 
turned to  the  hotel  about  an  hour  afterwards,  as  it  was  not  likely  she  had  kept  her 
appointment.  In  the  evening  I  attended  a  stereopticon  entertainment,  showing  views 
of  San  Francisco  during  the  progress  of  the  fire  immediately  after  the  earthquake. 

At  10  o'clock  on  the  following  morning,  Mrs.  Watson  came  to  the  park 
and  informed  me  that  upon  reaching  the  building  in  which  Mr.  Heney's  office 
was  located,  her  heart  had  failed  her  completely. 

"You  will  th,ink  me  a  coward,"  said  Mrs.  Watson,  "I  am  probably  all  of 
that,  but  the  truth  is,  I  was  overcome  with  an  indescribable  feeling  of  fear  and 
could  not  proceed  an  inch  further.  I  thereupon  decided  to  return  and  see  if  some 
other  plan  could  not  be  devised." 

I  felt  keenly  disappointed,  but  could  not  upbraid  the  woman,  as  her  every 
action  indicated  distress  because  of  her  inability  to  do  as  she  had  promised. 
Besides  I  felt  secure  in  my  present  position,  and  believed  that  it  would  only  be  a 
matter  of  a  few  days  when  some  other  plan  would  present  itself  to  my  mind,  when 
I  would  probably  think  of  some  other  way  to  reach  Mr.  Heney  and  arrange  for 
a  meeting. 

This  seemed  to  encourage  her,  and  she  stated,  before  departing  for  her 
home,  that  if  I  failed  in  my  efforts  to  make  other  arrangements,  to  let  her  know 
and  she  would  try  it  again. 

This  interview  took  place  on  Saturday  morning,  May  19th,  or  just  one  day 
before  my  capture. 

Page   273 


After  thanking  Mrs.  Watson  for  her  efforts  in  my  behalf,  I  returned  to 
the  hotel  and  went  to  my  room  to  think  matters  over.  Mrs.  \Yatson.  I  reasoned, 
would  probably  fail  again,  should  she  attempt  to  interview  Mr.  Heney,  so  I 
decided  to  call  on  Mrs.  Marie  \Yare  McKinley.  as  Burns  had  given  her  credit  for 
having  withstood  his  inquisition  and  I  felt  that  she  was  capable  of  doing  a  great 
deal  in  my  behalf. 

It  was  very  probable,  therefore,  that  Marie  could  arrange  matters  for  me. 
and  as  my  wife  had  given  me  her  address,  I  thought  it  worth  while  trying 
anyway.  She  was  thoroughly  familiar  with  the  lanj  fraud  cases,  and  would  un- 
derstand exactly  just  why  I  wanted  to  gain  an  interview  with  Mr.  Heney. 
Besides,  I  was  of  the  opinion  that  he  felt  kindly  toward  her,  and  upon  receiving 
the  story,  such  as  I  had  originally  outlined,  he  would  not  hesitate  to  call  at  her 
residence. 

Xot  having  anything  to  occupy  my  time  during  the  day,  I  borrowed  a  pair 
of  field  glasses  from  the  landlady  at  the  hotel  and  walked  to  the  hills  back  of 
Oakland,  from  whence  I  viewed  the  devastated  districts  of  San  Francisco.  I  had 
a  great  desire  to  visit  the  city  in  person  and  inspect  the  ruins,  but  would  not 
countenance  the  thought  of  imperiling  my  chances  of  freedom  until  after  I  could 
talk  with  Mr.  Heney,  so  was  forced  to  content  myself  to  view  the  results  of  that 
awful  disaster  from  afar. 

After  returning  to  the  hotel  that  evening,  I  took  supper  and  lingered  about 
until  quite  late,  as  I  did  not  think  it  best  to  call  on  Marie  much  before  11  o'clock. 
I  had  endeavored  during  the  evening  to  reach  her  by  'phone,  but  did  not  succeed. 
As  I  would  not  risk  making  an  appointment  by  messenger.  I  figured  that,  on  ac- 
count of  it  being  Saturday  night,  she  would  not  be  likely  to  retire  very  early  and 
would,  in  all  probability,  be  up  until  11  o'clock,  if  not  later. 

About  10:30  p.  m.  I  left  the  hotel  and  boarded  a  street  car  for  32nd  street 
and  Shattuck  avenue.  Berkeley,  where  I  alighted  and  walked  to  the  address  given 
me  by  my  wife,  as  the  residence  of  Marie.  Upon  knocking  at  the  door, 
it  was  opened  by  Allie  McKinley.  Horace's  cousin,  who  inquired  upon 
seeing  me:  Isn't  this  Mr.  Puter?"  to  which  I  replied  that  he  had  guessed 
correctly. 

It  was  something  like  four  years  since  I  had  seen  Allie  McKinley.  and  as 
I  was  somewhat  changed  in  appearance,  he  did  not  readily  recognize  me,  but  in 
taking  a  second  look,  discovered  in  me  the  much  sought  for  Puter. 

Inviting  me  inside,  we  entered  the  sitting  room,  whereupon  I  asked  if 
Marie  was  stopping  there.  To  this  inquiry  I  received  an  affirmative  answer,  ac- 
companied by  the  information  that  she  had  retired  for  the  night. 

Stepping  to  the  stairway,  Allie  called  to  Marie  that  Steve  was  here,  and 
she  immediately  dressed  and  came  to  where  we  were  talking.  Marie,  of  course, 
was  delighted  to  see  me,  though  she  said  that  she  was  not  surprised,  as  she 
rather  looked  for  me  to  show  up  soon.  Her  actions  on  that  occasion  were  those 
of  a  boisterous  child,  overjoyed  because  of  the  return  of  a  long  absent  friend  or 
parent,  and  she  made  no  attempt  to  subdue  her  emotions. 

I  was  somewhat  amused  at  her  childish  antics  and  the  interest  she  exhibi- 
ted in  my  revelation  of  the  happenings  of  the  past  few  months.  She  was  intent 
on  catching  every  word  and  was  jubilant  in  her  expressions  of  satisfaction  in 
learning  of  my  success,  while  she  would  stop  to  pity  me  when  I  spoke  of  the 
trials  I  had  undergone  and  would  frequently  interrupt  me  with  words  of  caution, 
in  childlike  solicitude  for  my  present  safety. 

It  was  quite  natural,  I  suppose,  that  Marie  should  receive  me  in  this  man- 
ner, as  I  had  known  her  from  girlhood  and  was  familiar  with  all  the  circumstances 
surrounding  her  love  affair  with  my  friend  and  partner.  I  had  often  found  it 
necessary  to  patch  up  many  of  their  little  quarrels  of  the  genuine  lover's  kind 
that  had  arisen  between  them.  To  Marie,  therefore.  I  had  been  somewhat  of  a 
guardian  angel,  or  big  brother,  as  it  were,  and  it  was  only  to  be  expected  that  she 
would  treat  me  accordingly. 

Page   274 


An  alleged  settler's  cabin  on  the  summit  of  the  Sierras,  near  the  line  between 

Butte  and  Plumas  Counties,  California,  showing  character  of  timber 

grabbed  under  the  homestead  laws.      This  claim,  very 

apropos,  overlooks  Humbug  Valley 

During  my  visit,  I  related  as  briefly  as  possible  my  experience  from  the 
time  of  last  seeing  Horace  in  Chicago  when  1  attended  their  wedding;  how  I 
spent  the  intervening  time  between  that  date  and  the  time  of  my  meeting  with 
Marie  and  her  mother-in-law,  Horace's  mother,  in  Minneapolis ;  what  had  taken 
place  after  that  date,  including  my  escape  from  Burns  in  Boston,  and  why  I  had 
determined,  as  a  fitting  climax  to  my  exciting  adventures,  to  return  to  the  Pacific 
Coast. 

My  readers  will  readily  understand  the  object  I  had  in  view  in  relating  at 
this  time,  the  incidents  of  the  past  six  months  to  my  old  partner's  wife,  which 
was,  of  course,  to  prepare  her  for  what  was  to  come — the  object  of  my  visit — to 
solicit  her  aid  in  gaining  an  interview  with  Mr.  Heney. 

Nor  could  I  question  her  sincerity  as  a  true  friend  and  one  worthy  of  the 
confidence  I  was  now  about  to  repose  in  her,  as  I  was  fully  convinced  she  would 
perform  the  duty  in  a  most  conscientious  and  faithful  manner,  with  credit  alike 
to  herself  and  those  interested,  and  would,  in  my  opinion,  succeed  in  bringing  Mr. 
Heney  to  her  home,  where  I  could  meet  him  in  person  and  learn  my  fate. 

I  could  not,  however,  bring  myself  to  the  point  where  I  feU  entirely  safe  in 
unfolding  my  plan  at  that  time  and  in  the  presence  of  Allie  McKinley,  who  re- 
mained in  the  room,  never  leaving  it  for  a  single  moment,  from  the  time  of 
Marie's  entrance.  I  had  no  right,  it  would  appear,  to  question  this  man's  stability 
as  a  friend  and  the  sincerity  of  his  expressions  of  solicitude  for  my  welfare,  for 
was  it  not  he,  to  whom  my  old  friend  and  partner  referred,  in  speaking  of  how 
I  could  best  reach  him  by  letter  in  his  first  communication  to  me  from  China,  when 
he  wrote :  "My  cousin,  Allie  McKinley,  whose  address  is  222  McAllister  street, 
San  Francisco,  is  thoroughly  reliable  and  trustworthy,  and  a  person  in  whom  you 

Page  275 


may  place  every  confidence  without  reservation,  and  I  urge  that  you  communicate 
\vith  me  through  him,  rather  than  to  attempt  it  through  any  other  source."  And 
further,  was  it  not  this  same  Allie  McKinley  whom  Horace  had  spoken  of  during 
our  travels  among  several  of  the  Middle  States,  when  it  appeared  that  we  might 
be  forced  to  separate  for  a  time  and  would  require  the  aid  of  some  trusted  friend 
through  whom  we  might  communicate  ?  '.* 

Yes,  Allie,  my  host  of  the  hour,  was  this  same  person,  and  the  same,  indeed, 
who,  calling  at  my  home  in  company  with  Marie  Ware  McKinley.  his  cousin's 
wife,  had  assured  Mrs.  Puter  that  he  would  be  glad  of  the  opportunity  to  lend 
assistance  to  Horace,  as  he  would  also  to  his  cousin's  friend.  So  solicitous,  in 
fact,  was  this  man  for  our  welfare,  that  he  made  frequent  visits  to  my  home,  for 
the  avowed  purpose  of  contriving  some  means  whereby  he  might  effect  our  return 
and  arrange  an  amicable  settlement  of  difficulties. 

\Yithal,  the  man's  silent  look  and  expression,  which  was  frequently  directed 
to  my  quarter,  was  not  such  as  to  confirm  the  confidence  which  I  should  gladlv 
have  placed  in  him  at  that  moment.  Besides,  it  did  not  appear  necessary  that  I 
acquaint  him  with  my  plans,  as  I  must  look  to  Marie  alone  for  a  successful  termi- 
nation of  what  I  had  in  mind,  and  as  he  could  not  take  any  active  part  in  the 
proceedings,  I  reasoned,  as  I  had  often  done  before,  that  one  confidence  was  al- 
ways better  than  two. 

Allie,  during  the  two  hours  that  I  spent  at  his  house  that  night,  had  been 
much  of  a  silent  listener,  only  venturing  to  ask  such  questions  as,  "How  are  you 
fixed,  Steve,  in  case  you  are  being  trailed  now  and  the  officers  should  come  in  on 
you?"  and  "What  would  you  do  in  event  of  being  discovered?" 

For  answer,  I  reached  for  my  gun,  which  was  fastened  to  a  belt  around  the 
front  of  my  body  and  concealed  inside  my  trousers. 

"I  guess  this  would  hold  them  for  a  while,"  I  remarked,  significantly. 
After  gazing  steadfastly  at  the  weapon  a  few  seconds,  and  without  making 
any  request,  he  made  a  move,  such  as  would  indicate  his  desire  to  inspect  it  more 
closely,  but  perceiving  his  object,  I  quietly  replaced  it  in  my  belt  without  comment. 
A>  the  hour  was  growing  late,  I  informed  Marie  and  Allie  that  I  must  be 
returning  to  my  hotel,  and  in  leaving  asked  Marie  if  she  would  meet  me  at  the 
park  in  Alameda  on  Sunday  afternoon  at  two  o'clock,  at  which  time  I  would  ac- 
quaint her  with  my  plans  for  the  future  and  also  advise  her  in  regard  to  a  certain 
matter  which  I  wished  her  to  attend  to  for  me.     Marie  readily  assented,  where- 
upon I  bade  them  both  good  night,  and  departed  for  my  room. 

As  I  had  settled  my  bill  prior  to  leaving  the  hotel  that  evening  and  engage'l 
a  room  in  a  private  family  some  four  or  five  blocks  down  the  street  from  the 
hotel  and  towards  the  bay,  I  hesitated  to  go  to  my  room  at  such  an  unseasonable 
hour ;  but  as  I  had  removed  my  suit  case  from  the  hotel  to  my  new  quarters,  and 
as  my  room  was  on  the  ground  floor  and  could  be  reached  without  disturbing  any 
one,  I  concluded  to  do  so. 

Arriving  there,  I  retired  immediately  and  endeavored  to  find  repose  in 
sleep,  that  I  might  rest  both  body  and  mind,  but  to  no  avail. 

Somehow,  but  for  what  reason  I  could  not  exactly  understand.  I  had  a 
foreboding  of  impending  danger.  Even  in  the  darkness  of  night  and  in  the  soli- 
tude of  my  room,  there  appeared  a  vision  as  of  one  lurking  in  the  shadow,  upon 
whose  face  was  written  the  cowardly  expression  of  a  deceptive  and  crafty  foe. 

Try  as  I  would  to  escape  from  this  ill  omen  and  to  banish  the  thought,  this 
vision  of  a  traitorous  hand  was  my  ever  constant  and  persistent  companion,  and 
through  the  long  weary  hours  of  the  night,  like  Banquo's  ghost,  it  would 
not  down. 

Could  I  have  an  enemy  such  as  that  which  held  me  spellbound  and  in  con- 
stant fear?  Could  he  be  even  now  upon  me,  and  would  I.  in  a  moment  of  helpless 
surroundings,  be  dragged  forth  to  meet  my  doom?  These  were  among  the 
thoughts  on  this  eventful  night,  which  proved  to  be  my  last  of  freedom  for  many 
moons  to  come. 

Page   276 


It  was  then  that  I  reviewed  to  my  mind  the  constancy  of  my  friends,  those 
who  had  been  faithful  to  me  through  thick  and  thin,  at  the  risk  of  becoming  im- 
plicated in  my  troubles. 

It  was  then,  too,  that  my  thoughts  reverted  to  my  wife,  and  it  was  then, 
indeed,  that  I  looked  to  her  as  the  one  faithful  to  the  end.  She  it  was  whom  I 
could  trust,  and  she  it  was,  in  this  hour  of  baffling  thought,  in  my  moments  of 
hope  and  fear,  in  whom  I  decided  to  confide  and  to  make  my  messenger  for  the 
arrangement  of  this  all  important  meeting  with  him  in  whom  I  based  my  hope.  I 
must  see  Mr.  Heney  at  once,  and  my  wife,  on  the  morrow,  will  be  intrusted  with 
the  mission  of  bringing  him  to  our  home. 

The  night  being  far  spent,  and  without  sleep,  I  arose  at  six  o'clock  and  had 
breakfast  over  with  about  an  hour  and  a  half  later.  I  then  read  the  morning 
paper  until  8 :30,  when  I  went  to  the  main  telephone  office  in  Alameda  and  'phoned 
to  my  wife,  requesting  her  to  call  up  Mr.  Heney  at  once,  and  after  stating  that 
she  had  some  important  news  for  him,  to  ask  if  he  would  call  at  the  house,  or  if 
she  might  come  to  his  home,  and  to  ask,  in  either  event,  what  time  would  be  most 
convenient  for  him.  I  also  told  my  wife  that  I  would  call  her  up  again  later  in 
the  day.  In  the  meantime,  she  was  to  call  up  Mr.  Heney,  but  was  not  to  mention 
my  name,  nor  refer  to  my  present  whereabouts. 

I  then  returned  to  my  room,  and  taking  from  my  grip  my  new  model, 
knockdown,  30-30  Winchester  rifle  which  I  had  purchased  recently  in  New  York 
City  with  the  intention  of  placing  it  in  my  cabinet  of  firearms — as  I  am  somewhat 
of  a  fancier  along  that  line — I  proceeded  to  put  it  together  and  shortly  thereafter, 
walked  to  the  beach,  some  two  blocks  distant.  Here  I  entertained  myself  in  target 
practice  in  the  hopes  of  correcting  any  deficiency  that  might  appear  in  the  sights 
of  my  new  piece,  as  I  had  not  yet  had  an  opportunity  to  test  it. 

I  remained  on  the  beach  about  two  hours,  during  which  time  I  traversed  a 
distance  of  something  like  a  mile.  Finding  my  gun  in  good  shape,  and  after 
killing  a  few  small  birds,  I  returned  to  the  city  by  one  of  the  main  streets,  and  as 
I  reached  the  corner  of  Park  street  and  the  one  on  which  the  broad-gauge  railway 
runs,  I  met  a  lady  and  gentleman.  Addressing  the  latter,  I  asked  him,  re- 
ferring to  the  railroad,  if  it  was  the  track  that  led  to  the  Oakland  mole,  or  if  it 
went  to  the  narrow  gauge  depot,  connecting  with  San  Francisco. 

The  gentleman  not  appearing  to  know,  his  companion  volunteered  the  in- 
formation, and  as  ladies  frequently  do,  she  consumed  sufficient  time  to  give  me 
a  complete  history  of  the  road.  The  conversation,  I  presume,  lasted  fully  three 
minutes,  and  I  might  state  here,  that  this  lady,  to  whom  the  newspapers  referred 
as  the  "blonde"  with  whom  I  held  a  conversation,  was  a  total  stranger  to  me,  and 
to  this  day,  I  have  never  learned  her  name. 

As  there  was  another  railroad  track  some  two  blocks  distant,  my  object  in 
making  this  inquiry  was  to  learn  which  of  the  two  was  the  most  direct  route  to 
my  home,  as  I  expected,  in  event  of  Mr.  Heney  agreeing  to  come  to  my  house,  to 
be  called  upon  to  go  there  at  any  moment. 

After  securing  the  desired  information  from  the  woman,  I  continued,  with 
rifle  in  hand,  down  the  main  street  of  the  city,  past  the  Park  Hotel  and  to  the  tele- 
phone office  again,  where  I  called  my  wife  up  and  inquired  as  to  the  result  of  her 
efforts  to  reach  Mr.  Heney. 

She  informed  me  of  having  put  in  a  call  at  nine  o'clock,  or  shortly  after 
talking  with  me  that  morning,  but  had  received  no  reply.  She  would,  she  said, 
put  in  another  call  imrhediately  and  would  continue  to  do  so  until  an  answer  was 
received. 

As  it  was  now  almost  twelve  o'clock,  I  went  to  the  restaurant  and  had 
luncheon.  I  then  returned  to  my  room,  and  after  taking  my  gun  apart,  cleaning 
and  replacing  it  in  the  case,  I  locked  it  away  in  my  suit  case  and  prepared  to  meet 
Marie,  as  per  appointment  of  the  night  before. 

After  donning  my  overcoat,  which  was  a  long  one  and  quite  heavy,  I 
looked  at  my  watch  and  discovered  that  I  had  yet  fifteen  minutes  to  spare,  so 

Page    277 


instead  of  walking  direct  to  the  park,  which  was  only  a  block  away  from  my  room, 
I  decided  to  take  a  circuitous  route  to  a  point  where  the  car  would  stop,  on  which 
I  expected  Marie  would  arrive,  it  being  my  intention  to  walk  back  to  the  park 
with  her. 

The  route  in  question  took  me  along  a  street  immediately  west  of  the  main 
street,  and  past  the  police  station.  This,  however,  I  knew?  nothing  about  at  the 
time,  so  went  by  the  City  Hall,  on  the  opposite  side  of  the  street,  as  unconcernedly 
as  though  I  were  on  one  of  the  back  streets  of  the  city  and  wholly  oblivious  of 
impending  danger. 

I  had  just  looked  at  my  watch,  which  indicated  that  the  time  set  for  ap- 
pointment with  Marie  was  drawing  near.  As  I  expected  she  would  be  prompt  to 
the  moment,  as  was  her  custom,  I  was  debating  with  myself  as  to  what  I  should 
-ay  to  her.  If  I  found  it  possible  to  arrange  a  meeting  with  Mr.  Heney  through 
the  efforts  of  my  wife,  I  preferred  to  do  so,  but  should  this  fail,  I  should  be  glad 
enough  to  enlist  Marie's  services  to  that  end.  She  would  want  to  know,  of  course, 
all  about  my  plans  for  the  future  as  soon  as  we  met,  so  I  concluded,  instead  of 
hailing  her  upon  alighting  from  the  car.  to  take  a  position  where  I  would  not  be 
observed  and  to  permit  her  to  walk  to  the  park  alone,  following  close  behind,  and 
after  meeting,  to  excuse  myself  for  a  few  moments,  when  I  could  go  to  the 
telephone  office  again  and  inquire  of  my  wife  if  she  had  succeeded  in  making  an 
appointment  with  Mr.  Heney. 

If  I  learned  that  this  had  been  accomplished,  it  was  my  intention  to  reserve 
myself  in  the  matter  of  unfolding  my  plans  to  Marie.  If,  on  the  other  hand,  my 
wife  had  failed  to  reach  Mr.  Heney,  I  thought  it  would  be  well  enough  to  tell 
Marie  everything  and  enlist  her  services.  Even  at  that,  I  figured  that  Marie 
could  be  pulled  off  at  any  time,  should  I  learn,  in  the  meantime,  that  Mrs.  Puter 
had  gotten  into  communication  with  Mr.  Heney  and  satisfactory  arrangements 
had  been  made  for  a  meeting. 

Thus  absorbed  in  thought,  I  walked  along  until  I  had  reached  the  corner 
of  the  street  just  one  block  north  of  the  City  Hall.  I  had  observed  a  man  crossing 
the  street  and  knew  that  we  would  meet,  but  paid  no  thought  to  the  matter,  as  he 
was  apparently  unconcerned  as  to  my  presence.  As  I  was  about  to  turn  the  corner, 
the  man  grappled  me  by  the  arm  and  exclaimed : 

"We  want  you!" 

At  the  same  moment,  as  I  attempted  to  wrench  myself  from  his  grasp,  two 
other  men,  wrho  had  evidently  been  concealed  in  the  immediate  vicinity,  seized  me 
from  behind. 

I  was  determined  from  the  first  to  put  up  a  fight  for  freedom  and  to  keep 
it  up  until  all  possible  hope  had  vanished.  Having  noted  that  not  one  of  the  three 
men  who  had  seized  me  was  physically  my  equal,  my  first  thought  was  to  free  one 
hand  and  use  it  with  such  effect  as  would  enable  me  to  become  totally  freed  from 
their  grasp,  as  it  would  require  but  a  second  to  unbutton  my  overcoat  and  reach 
my  gun.  I  soon  discovered,  however,  that  the  combined  strength  of  the  three  men, 
as  pitted  against  that  of  my  own,  was  more  than  I  could  successfully  cope  with, 
and  more  especially  because  of  my  being  encumbered  by  a  heavy  overcoat,  which 
was  buttoned  and  reached  almost  to  my  shoe  tops.  Even  against  these  long  odds, 
I  continued  to  give  battle  as  best  I  could,  and  it  was  waxing  warm  and  fierce  when 
Chief  of  Police  John  Conrad  appeared  on  the  scene  and  took  a  hand. 

I  continued  to  struggle  as  they  headed  me  toward  the  station  and  one  of 
my  captors — who  had  first  laid  hands  on  me  at  the  corner — evidently  thinking  that 
I  might  yet  escape,  suggested  to  the  Chief  that  he  use  his  club  and  lay  me  out.  ex- 
citedly exclaiming: 

"Hit  him  over  the  head.  Chief — let  him  have  it — knock  him  out!" 

But  the  Chief  did  not  strike  me,  for  while  it  is  true  that  he  raised  his  club 
in  a  threatening  manner,  it  is  also  a  fact  that  whatever  his  thoughts  may  have 
been,  he  refrained  from  making  use  of  the  uplifted  club,  as  the  weak-kneed  sleuth 
had  advised. 

Page    278 


The  remarks  of  this  man  had  angered  me,  of  course,  though  I  did  not  be- 
lieve that  the  Chief  would  follow  the  suggestions  made  to  him,  as  his  general  ap- 
pearance and  demeanor  did  not  savor  of  the  coward,  or  one  who,  under  such  cir- 
cumstances, would  be  guilty  of  such  an  act.  When  he  raised  his  club,  however,  I 
thought  it  high  time  to  express  myself,  which  I  did  in  language  that  would  not  be 
considered  exactly  genteel  and  which,  for  obvious  reasons,  I  shall  not  repeat  at 
this  time.  I  might  say,  though,  that  I  counseled  with  the  Chief  to  think  twice 
before  taking  such  action  and  I  might  also  state,  that  I  reached  the  station  without 
experiencing  the  delightful  sensation  of  having  my  head  knocked  off. 

About  midway  between  the  point  of  capture  and  the  station,  or  half  a  block 
from  the  City  Hall,  a  policeman  came  running  up,  and  the  same  individual  who 
had  suggested  that  violence  be  used  against  me,  addressed  him  with  the  remark : 

"Damn  you,  why  didn't  you  get  here  on  time?"  To  this  the  patrolman 
made  no  response,  but  turned  about  and  quietly  returned  with  my  captors  to  the 
station. 

Upon  entering,  I  \vas  ushered  into  the  Chief's  private  office,  and  there 
searched  and  relieved  of  my  valuables,  including  my  revolver,  and  perceiving  that 
they  were  about  to  remove  me  to  a  cell,  I  addressed  the  Chief  and  requested  that 
he  permit  me  to  use  the  telephone,  which  he  said  I  might  do. 

Calling  up  my  home,  I  inquired  of  my  wife  if  she  had  succeeded  in  reach- 
ing Mr.  Heney,  to  which  she  replied  in  the  negative,  but  stated  that  she  had  been 
trying  all  day  to  find  him  and  would  put  in  another  call. 

"That  will  not  be  necessary  now,"  I  remarked. 

"What  do  you  mean  ?"  came  back  the  inquiry,  in  a  voice  that  denoted  ex- 
citement and  fear. 

"I  am  at  the  police  station,"  I  answered,  and  was  about  to  say  something 
that  would  reassure  my  wife  and  let  her  know  that  I  was  all  right  and  not  to 
worry,  when  I  heard  the  receiver  at  the  other  end  of  the  line  strike  against  the 
wall  and  at  the  same  instant  came  a  sound  as  of  some  one  falling  to  the  floor.  I 
thereupon  hung  up  the  receiver  and  after  informing  the  Chief  that  I  was  through, 
and  thanking  him  for  the  courtesy  extended,  was  led  away. 

My  captors,  either  through  spite,  or  to  show  their  authority,  or  from  fear 
that  I  might  possess  the  power  to  claw  through  an  ordinary  wall,  placed  me  in 
the  dungeon.  It  was  a  steel  cage,  devoid  of  any  aperture  whatever,  except  for  a 
small  square  opening  in  the  door  and  which,  after  they  had  locked  me  in,  they 
took  occasion  to  close,  thereby  excluding  the  last  ray  of  light  that  might  have  cast 
a  reflection  of  hope  upon  the  surroundings  of  my  gloomy  cell. 

I  shall  make  no  attempt  at  this  time  to  describe  my  thoughts,  as  I  found 
myself  alone  in  the  confines  of  total  darkness  and  solitude,  preferring  that  my 
readers  exercise  their  imaginative  powers  to  define  my  feelings.  Mine,  up  to 
this  time,  had  been  a  life  of  freedom,  barring  the  few  moments  passed  in  the  cus- 
tody of  Secret  Service  Agent  Burns  when  he  thought  to  hold  and  return  me  to  the 
Pacific  Coast,  and  the  time  spent  with  a  deputy  United  States  Marshal  in  Portland, 
when  I  was  seeking  bond  for  my  appearance  in  Court.  As  compared  to  my  present 
predicament,  they  were  not  to  be  considered  as  worthy  of  note. 

I  was  a  real  prisoner  now,  and  whatever  else  can  be  said,  I  knew  it  and  felt 
my  position  keenly.  Had  I  secured  but  another  day,  Mr.  Heney,  in  all  probability, 
would  have  been  reached.  Two  days,  and  I  was  sure  of  it,  but  alas,  I  had  been 
captured,  imprisoned  and  in  a  dungeon  cell,  and  my  last  hope  to  arrange  a  meeting 
and  arrive  at  a  settlement  of  my  trouble  had  vanished. 

I  thought  to  send  for  Mr.  Heney  and  to  advise  him  of  all  that  had  been  in 
my  mind,  but  would  he  not  laugh  at,  if  not,  indeed,  mock  me  ?  Could  he  ever,  I 
wondered,  be  brought  to  believe  me  and  know  the  truth  ? 

Thus  meditating  and  groping  about  in  the  darkness  of  my  dungeon  cell, 
I  was  aroused  by  the  opening  of  the  wicket  in  the  door,  throueh  which  came  a 
stern  voice  in  commanding  tones,  ordering  that  I  "come  forward  here  that  I  may 
take  a  look  at  you !" 

Page  279 


Character  »f  timber  im  Township  4  S.  Range  5  E.  CLackamas  County,  Oregon,  on  2560-acre  tract 

sola1  by  Pmtfr  in  1896  to  Geo.  C.  Jones,  of  Appleton,  Wisconsin,  and  R.  E.   Moss 

•f  Chicago,  for  53. 25  an  acre.      Estimated  to  rut  more  than  100, 000 

feet  per  acre,  and  now  rained  at  5150  an  acre 


I  glanced  at  the  man,  but  did  not  recognize  in  him  one  of  those  with  whom 
I  had  recently  come  in  contact,  and  in  reply  to  his  command,  I  said  something 
which,  as  in  the  case  of  my  reply  to  the  suggestion  of  the  weak-kneed  sleuth,  it 
would  be  best  that  I  refrain  from  putting  into  print. 

I  did  not  "come  forward"  so  the  man  on  the  outside  threw  up  the  wicket 
again  and  went  away. 

Some  twenty  minutes  later,  the  door  to  my  dungeon  was  thrown  open  by 
the  Chief  of  police,  who  invited  me  to  step  outside,  remarking  that  I  might  have 
the  freedom  of  the  main  room,  which  was  about  twenty  feet  square  and  the  same 
in  which  the  portable  dungeon  was  placed.  The  latter  occupied  one  corner,  and 
less  than  one-sixth  of  the  room  space.  Leading  from  this  was  another  room,  in 
which  was  a  double  bedstead,  with  mattress,  blankets  and  pillows,  which  the  Chief 
informed  me  I  might  make  use  of,  at  the  same  time  advising  me  that  I  could  have 
the  privilege  of  sending  out  for  anything  that  I  desired. 

I  had  been  in  the  jail  something  like  two  hours  when  Mrs.  Puter  called. 
The  meeting,  as  may  be  imagined,  was  not  so  pleasant  as  that  of  a  few  nights  be- 
fore, when  I  visited  with  my  wife  and  little  boy  on  the  street  corner.  Our  inter- 
view lasted  about  an  hour  and  I  really  felt  relieved  when  my  wife  started  for 
home,  as  my  surroundings  were  not  conducive  to  restoring  confidence,  and  the 
longer  she  remained,  the  worse  she  would  feel.  She  blamed  herself  for  not  reach- 
ing Mr.  Heney  by  'phone  before  this  condition  could  exist,  often  remarking  that 
she  might  have  been  more  persistent  in  her  efforts  to  find  him. 

After  my  wife's  departure,  I  made  careful  inspection  of  my  surroundings 
and  found  that  my  new  quarters  contained  many  conveniences  which  I  did  not  look 
for,  or  hope  to  find,  in  a  city  prison.  But  there  was  yet  another  surprise  in  store 
for  me,  for  at  the  supper  hour,  the  Chief  called  on  me  again  and  asked  what  I 
should  like  to  eat.  I  had  rather  expected  to  have  a  pan  of  boiled  beans  thrown  at 
me,  but  instead,  was  allowed  to  place  an  order  for  a  "porterhouse,"  which  was 
substantially  served  about  40  minutes  later,  together  with  French  fried  potatoes 
and  a  cup  of  good  coffee. 

As  I  had  nothing  to  occupy  my  attention,  I  retired  early  and  not  having 
slept  any  the  night  before  and  because  of  the  fatigue  and  worry  of  the  day,  I  was 
soon  lost  in  peaceful  repose  and  wholly  oblivious  for  the  time  of  my  troubles, 
both  past  and  present.  Upon  waking  in  the  morning,  I  had  difficulty  in  locating 
myself  and  for  a  moment,  I  did  not  realize  the  true  situation.  But  it  soon  dawned 
upon  me  in  all  its  hideousness. 

Shortly  after  arising  the  restaurant  man  called  and  took  my  order,  and  when 
breakfast  was  served  and  over  with,  I  was  handed  a  morning  paper  containing  a  / 
full  account  of  the  capture.  The  article,  as  might  be  expected,  was  quite  sensa- 
tional and  went  on  to  state  that  I  had  been  trailed  by  detectives  from  the  time  of 
leaving  my  room  on  Sunday  morning,  describing  how  I  had  met  and  talked  with 
a  certain  "blonde  lady"  during  the  forenoon  on  the  railway  track,  after  which  I 
returned  to  my  room  and  shortly  thereafter,  appeared  again  on  the  streets,  where 
the  detectives,  fearing  lest  I  was  preparing  to  leave  the  place,  pounced  upon  me 
and  effected  my  safe  delivery  to  the  police  station. 

I  concluded,  after  reading  the  account  of  my  capture,  that  the  detectives 
had  very  probably  interviewed  the  blonde  lady  referred  to,  and  inquiring  as  to  the 
nature  of  her  conversation  with  me,  and  learning  that  I  asked  as  to  which  of  the 
two  roads  led  to  the  Oakland  mole,  they  concluded  I  was  seeking  this  information 
in  order  to  gain  knowledge  of  a  probable  means  of  escape.  My  having  donned  my 
long  overcoat,  too,  and  because  of  the  direction  in  which  I  was  walking,  would 
tend  to  establish  this  theory. 

But  how,  I  asked  myself,  could  they  have  located  me  in  the  first  place?  The 
paper  stated  that  they  had  trailed  me  from  early  morning  and  for  aught  I  knew, 
they  may  have  been  trailing  me  on  the  day  before,  or  from  the  time  of  my  arrival 
on  the  Coast,  or  from  the  East,  for  that  matter.  This  was  a  question  which  I 
longed  to  have  answered  and  one  that  perplexed  me  sorely. 


I  had  several  callers  during-  the  day,  including  my  wife  and  some  of  the  older 
children.  Mrs.  \Yatson  also  called  to  see  me  and  felt  very  much  chagrined  over 
the  outcome,  blaming  herself  for  my  present  predicament  for  having  lost  courage 
when  she  went  to  call  on  Mr.  Heney  at  his  office. 

"If  I  had  only  carried  out  my  original  intentions  when  I  left  home  for  Mr. 
Heney's  office,  you  would  not  be  here  today."  lamented  Mffe.  Watson. 

She  wondered,  as  did  every  one  else,  how-  I  should  come  to  be  captured  in 
that  manner,  after  evading  the  Detectives  for  such  a  length  of  time. 

At  that  moment,  I  was  not  prepared  to  say,  or  to  make  any  statement  as 
to  how  my  capture  \vas  brought  about,  but  I  did  learn  and  tnat,  too,  very  shortly 
thereafter,  just  how  it  all  happened,  the  information  coming  to  me  from  an  au- 
thentic source  and  one  which  dispelled  all  doubt  as  to  its  reliability  and  truth,  or 
correctness  in  detail. 

From  the  moment  of  first  reading  the  account  of  my  capture  and  learning 
that  the  detectives  had  been  trailing  me  since  early  Sunday  morning,  I  was  de- 
termined, if  within  the  power  of  man,  to  learn  by  what  means  and  through  what 
source,  these  detectives  became  advised  as  to  my  presence  in  the  city.  I  had 
therefore,  though  confined  in  the  Alameda  jail,  instituted  a  vigorous  line  of  in- 
quiry to  determine  this  point,  and  while  it  was  being  conducted,  the  very  infor- 
mation I  most  desired  was  volunteered  to  me  by  one  whom  I  least  expected 
would  give  me  the  facts. 

Needless  to  say  that  it  would  be  impossible  for  me  to  divulge  the  name  of 
my  informant,  as  I  gave  my  word  of  honor  at  the  time  that  I  should  never  make 
use  of  it  for  any  purpose  whatever,  and  it  was  understood  between  us  that  he 
should  be  protected  throughout. 

The  conversation  which  I  am  about  to  relate  to  my  readers  had  its  inception 
in  a  question  being  directed  to  me,  asking  my  opinion  as  to  how  I  came  to  be  cap- 
tured. Replying  thereto  I  said : 

"I  haven't  the  slightest  idea.1" 

"Did  you  have  any  idea  that  the  'blonde  lady'  had  anything  to  do  with  the 
case  ?'  "  wras  asked. 

"I  cannot,  for  the  world,  figure  ho\v  she  could  have  had,  as  I  cannot  rec- 
ollect having  ever  seen  the  lady  before,"  I  replied. 

"Well,  you  are  right ;  she  did  not  figure  in  your  capture.  However,  Mr. 
Puter,  there  was  a  woman  in  the  case." 

"Can't  see  how  that  could  be — you  must  be  mistaken,"  I  said. 

"Xo,  Mr.  Puter,  I  am  not  mistaken.  The  woman  I  have  in  mind  played  an 
important  part,  though  I  cannot  say  that  she  was  alone  in  the  transaction." 

"Who  might  this  lady  be,  to  whom  you  make  reference?"  I  asked. 

"Isn't  it  a  fact,  Mr.  Puter,  that  you  had  an  appointment  to  meet  Mrs.  Marie 
McKinley  in  the  park  on  Sunday  afternoon  at  two  o'clock?"  he  inquired. 

"Where  did  you  get  that  information?"  I  asked,  by  way  of  reply. 

My  informant,  evidently  hesitating  to  discuss  the  subject  further,  turned  on 
his  heel  and  was  about  to  walk  away  when  I  intercepted  him  by  adding:  "You 
will  tell  me,  won't  you,  where  you  got  this  information?" 

Something  in  the  man's  manner  told  me  that  he  had  information  which  he 
would  be  glad  enough  to  impart  to  me,  but  hesitated  to  venture  so  far,  so  I  said 
to  him,  as  he  stood  there  and  silently  gazed  at  me : 

"You  are  not  afraid  to  trust  me,  are  you  ?" 

He  hesitated  no  longer,  but  resuming  his  former  position  in  front  of  me, 
remarked :  "Puter,  I  have  taken  a  liking  to  you — this  much  I  will  tell  you  in  ad- 
vance— and  I  would  like  to  tell  you  everything,  but  you  know  yourself  that  this  is 
rather  ticklish  business.  If  I  knew."  he  continued,  "that  I  could  trust  you  implic- 
itly, I  would  be  willing,  because  of  certain  conditions,  to  tell  you  all  about  this 
affair,  but  if  I  do  and  you  should  become  angered,  as  you  very  probably  would, 
you  might  say  something  that  would  give  the  whole  snap  away  and  hell  itself 
would  be  to  pay." 

Page    282 


"As  to  that,"  I  replied,  "you  need  have  no  fear,  for  under  no  circumstances 
would  I  ever  betray  the  confidence." 

"You  will  promise  me  then,  on  your  word  of  honor,  that  the  information 
I  am  about  to  give  you  shall  never  be  mentioned  in  connection  therewith,  whatever 
the  circumstances  or  consideration  ?"  interrogated  my  new  friend. 

"You  have  stated  the  conditions,"  I  replied  promptly,  and  continuing,  I 
assured  the  gentleman  that  I  would  protect  his  name  in  connection  with  the  sub- 
ject, as  I  would  my  life. 

He  then  proceeded  to  inform  me  that  Mrs.  Marie  McKinley  had  kept  the 
appointment  and  had  remained  in  the  park  fully  an  hour,  if  not  longer  before 
returning  home. 

My  informant  expressed  himself  as  of  the  opinion  that  Marie  was  impli- 
cated in  the  plot  to  effect  my  capture,  but  could  not  understand,  if  such  was  the 
case,  why  she  should  have  remained  in  the  park  so  long-  a  time  after  the  appointed 
hour  of  our  meeting-.  He  was  quite  positive,  however,  that  she  was  cognizant  of 
the  fact  that  information  was  sent  to  headquarters  with  reference  to  her  appoint- 
ment with  me  and  of  what  might  result  as  a  sequence  of  our  meeting. 

"Do  you  mean  to  infer  that  Marie  sent  word  to  headquarters  ?  I  can  hardly 
believe  this,"  I  replied. 

"As  to  who  inspired  the  message,  I  cannot  say,  but  I  do  know,  beyond  all 
doubt,  that  there  was  a  message  received  over  the  'phone  at  police  headquarters 
at  four  o'clock  on  Sunday  morning,  informing  the  department  that  Mrs.  McKinley 
was  to  meet  you  in  the  park  at  two  o'clock  that  afternoon." 

"Am  I  to  understand  that  Marie  'phoned  this  information?"  I  asked. 

"Not  exactly,  but  it  came  from  one  who  occupies  the  same  house  in  which 
Mrs.  McKinley  resides  and  which  residence,  if  your  betrayer  has  correctly  stated 
the  facts,  you  visited  on  the  Saturday  night  before,  remaining  for  something  like 
two  hours,"  was  the  reply. 

The  suspense  was  soon  to  be  terminated  and  although  I  might  have  guessed 
the  rest,  I  asked,  though  stunned  from  the  shock  and  beside  myself  with  grief; 
"who  might  this  one  have  been?" 

Drawing-  a  little  closer  and  placing  his  right  hand  on  my  shoulder  as  if  to 
brace  me  for  what  was  yet  to  come,  in  subdued  tones  he  spoke  again,  and  his 
answer  had  been  given  me. 

"What,"  I  murmured,  "Allie  McKinley,  the  very  blood  of  my. old  friend 
and  partner,  Horace,  and  it  was  he,  the  one  in  whom  I  should  have  least  ex- 
pected to  discover  my  'Judas  Iscariot'  and  the  one  with  whom,  but  a  few  short 
nights  before,  I  had  partaken  of  his  hospitality  in  the  breaking  of  bread  and  drink- 
ing of  wine  and  in  whose  home,  I  was  supposed  to  consider  myself  a  welcome 
guest,  free  to  share  with  him  in  that  which  was  his  and  secure  against  my  foes !" 

What  did  they  give  him  that  I  might  be  delivered  unto  them?  What,  I 
asked  myself,  could  be  the  nature  of  the  covenant  into  which  he  had  entered?  Not 
for  gold,  nor  for  silver,  nor  for  precious  stones  would  I  have  done  this  thing  to 
one  of  those — my  friends.  And  could  it  be,  that  for  "thirty  pieces  of  silver"  I 
should  be  sold  into  slavery? 

It  was  now,  indeed,  that  I  could  understand  that  cowardly  look.  It  was 
now,  indeed,  that  I  could  understand  wherein  his  interest  centered,  when,  on  that 
most  wretched  Saturday  night,  he  asked  such  questions  as :  "How  are  you  fixed, 
Steve,  in  case  you  are  being  trailed  now  and  the  officers  should  come  in  on  you  ?" 
and  "What  would  you  do  in  event  of  being  discovered  ?"  It  was  now,  too,  that  I 
guessed  at  what  might  have  taken  place,  even  at  that  very  hour,  had  my  faithful 
weapon  not  have  been  produced  and  exhibited  in  evidence  of  something  more  sub- 
stantial even  than  human  flesh,  and  because  of  the  sight  of  that  polished  barrel,  he 
had  cowered  beneath  the  spell. 

It  was  now,  in  my  moments  of  reflection  and  bitter  remorse,  that  I  could 
understand  the  intuition  of  my  troubled  mind,  when,  on  that  same  miserable  night, 
I  tried  so  hard  to  find  repose  in  sleep,  but  could  not,  even  for  a  moment,  conquer 

Page    283 


the  spell  that  bound  me  to  my  doom.  This,  in  all  truth,  was  the  foreboding  of  my 
fate,  but  the  warning  I  heeded  not.  It  had  to  come  to  me,  but  alas,  too  late. 

Shortly  after  receiving  this  information,  the  Chief  of  Police  came  to  my 
cell  and  announced  that  Mrs.  McKinley  was  in  the  office  and  desired  to  speak  to 
me. 

"Just  say  to  the  lady.  Chief,  that  I  do  not  wish  to  see  Tier."  I  replied. 

A  few  minutes  later  the  Chief  returned  again  and  remarked :  "\Yhen  I  de- 
livered your  message.  Mr.  Puter,  the  lady  asked  for  the  privilege  of  writing  you 
a  note,  which  I  said  she  might  do  and  which,  when  written,  she  handed  to  me  for 
delivery — here  it  is." 

Accepting  the  note  from  the  Chief.  I  immediately  tore  it  up  and  tossed  the 
fragments  through  the  bar>. 

"You  ought  to  have  read  that,  Mr.  Puter,  as  the  lady  left  the  office  after 
handing  it  to  me  and  will  probably  be  expecting  a  reply,"  remarked  the  Chief. 

"Can't  help  it,"  I  returned.  "She  will  have  no  reply  from  me." 

With  this,  the  Chief  turned  and  walked  away  and  I  was  once  more  alone. 
Other  callers  came  and  went,  but  just  whom  these  may  have  been.  I  cannot  now 
recall.  As  my  readers  may  well  imagine,  I  was  of  troubled  mind  and  my  memory 
of  the  happenings  of  that  afternoon  is  not  of  the  best. 

I  do  remember,  however,  of  having  received  a  reply  to  a  message  I 
sent  Mr.  Heney.  conveying  information  that  he  would  call  on  me.  This,  of  itself, 
was  encouraging,  though  what  his  actions  toward  me  might  be  when  he  came, 
was  purely  speculative.  I  still  had  hope,  of  course,  that  he  would  listen  to  my 
story  and  that  he  would  learn  and  believe  the  truth,  as  it  was  my  intention  that  he 
should  receive  it  from  me.  The  suspense,  nevertheless,  was  great  and  I  could  only 
have  wished  that,  instead  of  replying  to  my  message,  he  might  have  appeared  in 
person. 

Some  two  or  three  hours  later  the  Chief  called  on  me  again  and  mentioned 
having  met  Mrs.  Marie  McKinley  on  the  street  corner  waiting  for  a  car  to  take 
her  back  to  Oakland,  when  he  was  on  his  way  to  the  barber  shop  after  handing 
me  Marie's  note  that  I  had  refused  to  read. 

The  incidents  connected  with  this  meeting,  as  related  to  me  by  the  Chief 
and  as  near  as  I  can  remember,  are  in  substance,  as  follow- :  * 

"When  she  saw  me  approaching  her,"  said  the  Chief,  "she  advanced  to  meet 
me  and  asked  if  I  delivered  her  note  to  you,  which  I  said  I  had.  but  that,  instead 
of  reading  it.  you  tore  the  note  into  small  pieces  and  tossed  it  through  the  bar:? 
to  the  floor  at  my  feet. 

"When  I  told  her  this."  continued  the  Chief,  "she  broke  out  and  sobbed 
like  a  child,  declaring  she  believed  that  you  blamed  her  for  being  captured,  and 
begging  that  I  return  and  plead  with  you  to  grant  her  an  interview. 

"This  I  did  not  think  best,  so  advised  her  to  go  on  home  and  promised  that 
I  would  talk  with  you  personally  and  it  is  my  opinion,  Mr.  Puter.  if  I  am  any 
judge  of  human  nature  at  all,  that  this  little  woman  had  nothing  to  do  with  the 
matter.  Of  one  thing  I  am  certain,"  continued  the  Chief.  "Mrs.  McKinley  was 
deeply  affected  and  her  declarations  of  innocence  and  the  manner  in  which  she 
conducted  herself,  appealed  to  me  as  being  most  convincing  that  she  was  in  no 
way  implicated  in  the  plot  to  effect  your  arre>t." 

I  was  gratified  to  learn  this,  as  I  had  no  desire  to  blame  any  one  wrong- 
fully, more  especially  my  old  partner's  wife,  a  man  for  whom,  as  Marie  well 
knew,  I  had  done  everything  within  my  power  during  the  many  years  of  our 
business  and  social  relations  together.  I  was  disposed,  upon  first  learning  of 
\vhat  had  taken  place,  to  hold  Marie  partially  responsible,  and  the  thought  of  her 
having  contributed  to  such  a  dastardly  plot,  after  our  long  years  of  acquaintance 
and  in  the  face  of  all  the  little  kindnesses  I  had  bestowed  upon  both  herself  and 
Horace,  made  my  capture  doubly  bitter.  I  was  glad,  therefore,  for  the  oppor- 
tunity to  relieve  my  mind  on  this  point,  and  to  believe  that  Horace's  wife  was  not 
responsible  for  the  treachery  I  had  attributed  to  her.  I  was  also  glad,  some  time- 
Page  284 


Charles  J.  Reed,  United  States  Marshal  of  Oregon 
whose  official  record  is  without  a  blemish 


later,  to  learn  from  a  most  reliable  source  that  Marie  was  in  no  wise  connected 
with  the  plot,  and  that,  when  she  came  to  the  park  to  meet  me,  she  was  totally 
innocent  of  what  had  taken  place  and  that  her  sole  object  in  coming  was  to  learn 
my  plans  for  the  future  and  to  offer  her  aid,  in  whatever  way  I  might  suggest,  to 
further  my  interests. 

On  the  following  morning,  shortly  before  noon,  the  Chief  informed  me  that 
Mr.  Heney  was  in  the  office,  and  a  few  minutes  later,  he  appeared  at  my  cell.  It 
required  but  a  glance,  even  before  he  had  an  opportunity  to  speak,  to  satis  fy 
me  that  Mr.  Heney  felt  kindly  toward  me.  His  face  wore  a  serious  expression 
as  he  approached,  but  was  not  stern  and  cold,  appearing  rather  as  that  of  one  who 
was  vexed  and  sad,  and  when  his  eyes  met  mine  and  we  were  face  to  face.  I 
could  readily  see  in  his  every  action  and  expression  the  man  of  sorrow  and  pity 
because  of  my  trying  position  and  the  circumstances  under  which  we  were  forced 
to  meet. 

He  frankly  stated  that  I  had  done  wrong  in  going  away  and  said,  because 
of  my  having  done  so,  he  regretted  to  inform  me  that  it  would  probably  become 
impossible  for  him  to  do  as  much  for  me  as  he  otherwise  could. 

After  bur  conversation,  which  probably  lasted  40  minutes,  during  which 
I  related  to  Mr.  Heney  as  briefly  as  possible  all  the  circumstances  surrounding 
my  recent  adventures  and  my  purpose  in  returning  to  the  Pacific  Coast  and  of  the 
efforts  I  had  made  to  meet  him,  I  felt  somewhat  encouraged,  as  he  listened  very 
attentively  to  everything'  I  had  to  say.  He  appeared  to  appreciate  my  position  and 
to  realize  that  I  told  him  the  truth,  exactly  as  I  knew  it  to  be.  Mr.  Heney,  before 
leaving,  informed  me  that  I  would  shortly  be  removed  to  the  Alameda  County 
jail  at  Oakland,  where  I  could  remain  until  such  time  as  I  could  arrange  affairs 
with  my  family,  when  I  would  be  transferred  to  Oregon.  In  bidding  me  goodbye. 
Mr.  Heney  stated  that  he  would  probably  call  again,  but  in  any  event,  he  would 
see  me  in  Oakland  before  I  left  for  the  North . 

I  remained  in  the  Alameda  City  jail  either  three  or  four  days  in  all,  when 
United  States  Marshal  John  H.  Shine,  accompanied  by  one  of  his  deputies,  called 
and  informed  the  Chief  that  he  was  ready  to  remove  me  to  San  Francisco,  where 
I  was  commanded  to  appear  before  the  Judge  of  the  Federal  Court,  preliminary  to 
my  removal  to  Oregon. 

The  Chief  informed  me  of  the  Marshal's  presence  and  of  his  purpose  in 
calling,  and  removed  me  to  his  private  office,  where  I  was  securely  ironed  by 
Marshal  Shine.  He  then  led  me  to  a  carriage  in  waiting,  and  invited  me  to  step 
inside,  after  which,  he  took  a  seat  by  my  side,  while  his  deputy  occupied  the  seat 
facing  me.  and  we  were  thus  driven  to  the  Federal  building  in  San  Francisco. 

Arriving  there.  I  was  taken  to  the  Marshal's  office,  relieved  of  my  irons 
and  escorted  by  a  squad  of  deputies  to  the  Court  room  and  before  Judge  De 
Haven,  waived  the  reading  of  all  documents  and  indicated  my  willingness  to  re- 
turn to  Oregon  without  the  necessity  of  further  delay. 

I  was  then  taken  back  to  the  Marshal's  office,  where  I  met  and  talked  with 
Mr.  Heney,  and  also  had  the  pleasure  of  meeting  and  conversing  with  \Yilliam 
J.  Burns.  As  this  was  the  first  time  I  had  encountered  Mr.  Burns  since  my  escape 
from  him  in  Boston,  my  curiosity  was  somewhat  aroused  as  to  how  he  would 
greet  me,  and  noticing,  when  I  caught  his  eye,  that  it  was  his  purpose  to  speak,  I 
walked  toward  him.  and  as  he  extended  his  hand,  I  remarked : 

"I  will  be  glad  to  shake  hands  with  you,  Mr.  Burns,  if  you  feel  you  can 
do  so  in  the  same  friendly  way  you  have  always  done  in  the  past/' 

"I  haven't  a  thing  in  the  world  against  you.  Mr.  Puter,"  was  the  reply,  a? 
Mr.  Burns  grasped  my  hand. 

"Glad  to  hear  that.''  I  replied,  and  continuing  said :  "You  know.  Mr. 
Burns,  I  had  no  intention  of  injuring  you  when  I  made  that  fight  in  Boston — 
my  only  thought,  in  fact,  was  to  get  away." 

"Oh,"  replied  Burn?,  "that  was  all  right."  and  in  turning  away  from  me, 
as  he  did  at  that  time.  I  was  thoroughly  convinced  that  his  feelings  toward  me 

Page   286 


were  not 'of  the  best,  for  whatever  his  remarks,  the  "glassy  eye"  which  he  gave 
me  was  evidence  sufficient  that  forgiveness  on  his  part  was  not  so  complete  as 
he  would  have  me  believe. 

I  was  then  manacled  again  and  taken  to  the  Alameda  County  jail,  in  Oak- 
land, by  Marshal  Shine  and  a  deputy,  and  upon  arriving  there,  was  placed  in  a 
cell,  to  which  there  was  no  opening  whatever,  except  the  small  one  in  the  door 
through  which  the  meals  were  passed.  The  cell  itself  was  so  situated  as  to  ex- 
clude all  light,  except  that  which  came  through  the  wicket,  or  opening  mentioned. 

Adjoining  the  one  in  which  I  was  placed,  were  two  other  cells,  making 
three  in  a  row  and  immediately  opposite  were  three  more,  the  corridors  serving  for 
all  six  cells,  with  two  prisoners  to  each  one.  As  the  top  of  the  corridor  was  made 
of  flat  iron  or  steel  bars,  above  which  there  was  a  skylight,  and  there  was  a 
window  within  a  few  feet  of  the  bars  at  one  end  of  the  corridor,  the  corridor 
itself  was  amply  supplied  with  light  during  the  day,  but  this  light,  as  a  stated 
heretofore,  could  not  penetrate  into  the  cell  rooms  proper,  so  the  prisoners  were 
in  almost  total  darkness  between  the  hours  of  7  and  9  o'clock  in  the  evening, 
when  miniature  electric  lights  were  turned  on. 

At  the  time  of  my  incarceration  in  the  Alameda  County  jail,  there  were 
ten  men,  besides  myself,  or  eleven  of  us  in  all,  occupying  the  six  cells.  Some 
were  serving  jail  sentences,  while  others  were  being  held  as  witnesses,  but  all  were 
treated  alike,  being  permitted  to  exercise  in  the  corridor  between  7  and  8  o'clock 
every  morning  and  from  five  to  six  in  the  evening ;  also  being  given  the  freedom 
of  the  corridor  for  a  time  on  Friday  of  each  week  for  the  purpose  of  cleaning  up 
their  cell  rooms  and  scrubbing  the  corridor.  They  were  likewise  permitted  to 
occupy  the  corridor  during  the  religious  services  which  were  conducted  by  mem- 
bers of  the  Salvation  Army.  All  the  balance  of  time,  the  prisoners  were  confined 
to  their  cells,  which,  because  of  the  darkness  prevailing  throughout  the  day,  were 
veritable  dungeons. 

The  prisoners  were  not  permitted  to  see  the  daily  newspapers,  it  being  one 
of  the  strict  rules  that  no  literature  whatever  should  be  allowed  in  the  place,  ex- 
cept such  as  the  members  of  the  Salvation  Army,  or  other  religious  denomina- 
tions might  care  to  leave  with  us.  It  was  amusing,  during  the  day,  to  note  the 
faces  of  other  prisoners  pressed  to  similar  openings  across  the  way,  in  an  effort 
to  devour  the  contents  of  the  religious  tracts  that  had  been  given  them.  Per- 
sonally, I  was  not  in  a  mood  to  become  converted  at  that  particular  time,  nor  can 
I  understand  how  any  one  else  could  do  so  under  such  trying  circumstances,  as 
the  light  furnished  us  was  hardly  sufficient  to  permit  a  person  to  read  the  head- 
lines, without  considering  the  fine  print.  During  the  twelve  days  of  my  confine- 
ment in  this  jail,  I  never  saw  Sheriff  Barnett  nor  did  I  see  Jailer  Pete  White  but 
twice,  when  I  was  delivered  into  his  custody  by  the  United  States  Marshal  upon 
entering,  and  at  the  time  of  my  leaving  the  place. 

The  head  "trusty,"  who  had  charge  of  the  cells  attached  to  all  corridors, 
there  being  four  corridors  in  all,  was,  in  my  opinion,  the  most  contemptible  piece 
of  humanity  with  whom  I  had  ever  come  in  contact,  and  it  is  beyond  me  to  un- 
derstand how  a  jailer,  who  is  supposed  to  be  a  man  of  some  intelligence,  if  not 
education,  could  permit  or  tolerate  such  conditions  as  existed  under  this  man's 
brutal  and  domineering  management  of  the  affairs  of  that  bastile.  To  think  that, 
in  a  civilized  country,  such  as  we  feel  proud  to  term  our  own,  a  jailer  would  turn 
over  the  management  of  affairs  to  a  petty  larceny  thief  of  this  trusty's  caliber;  a 
thing  devoid  of  all  feeling,  a  degenerate  in  appearance,  with  a  look  of  villainous 
treachery  in  his  eye  and  the  mark  of  depravity  and  morbidness  engraved  in  every 
feature.  If  ever  a  man  bore  the  mark  of  Cain,  it  was  this  sullen  beast  that 
strutted  to  and  fro,  showering  abuse  and  profanity  upon  those  whom  he  was 
pleased  to  call  his  charges,  and  whom  he  treated  as  one  lost  to  all  reason  might  be 
expected  to  regard  a  mongrel  cur  upon  the  street. 

One  of  the  so-called  conveniences  for  the  accommodation  of  this  prison's 
inmates,  is  what  was  known  as  the  "screen  room,"  to  which  the  prisoners  were 

Page    287 


ushered  when  called  upon  by  friends.  It  was  probably  8x12  feet  in  size,  and 
surrounded  by  a  wire  screen,  the  meshes  of  which  were  so  closely  woven  that  it 
was  impossible  to  see  through  them,  and  in  addition  to  this,  there  was  a  second, 
or  outer  screen,  similarly  woven,  which  was  placed  about  two  feet  distant  and 
immediately  in  front  of  the  person  with  whom  the  prisoner  might  be  conversing. 
This  arrangement,  no  doubt,  was  very  good,  insofar  as  -protection  against  the 
introduction  of  contraband  articles  by  the  callers  was  concerned,  but  was  a  miser- 
able place  to  hold  a  conversation  in,  as  it  was  simply  impossible  to  discern  the 
features  of  .the  person  writh  whom  you  might  be  conversing.  In  fact,  a  person 
could  never  tell  with  whom  they  were  speaking,  unless  sufficiently  well  acquainted 
to  recognize  the  voice.  There  was  no  secrecy  observed,  as  the  screen  room  fre- 
quently contained  two  or  more  prisoners,  each  of  whom  would  be  conversing 
with  their  friends  at  the  same  time. 

Mrs.  Puter  called  to  see  me  daily,  but  was  accorded  no  privileges,  other 
than  those  extended  to  other  callers.  She  pleaded  with  the  jailer  and  also  with 
the  Sheriff,  for  a  permit  to  see  me  and  talk  with  me  in  private,  but  they  coldly 
refused  to  grant  her  request. 

I  was  not  permitted  to  receive  a  meal  brought  to  the  jail  by  my  "wife,  nor 
would  they  allow  me  to  accept  a  bag  of  fruit.  Neither  were  the  prisoners  allowed 
to  send  out  to  the  restaurant  for  anything. 

Concerning  the  food  served  the  prisoners  it  was  not  my  original  intention 
to  speak,  as  I  believe,  under  such  circumstances,  one  should  put  up  with  a  great 
deal  without  offering  complaint.  It  was  of  such  vile  character,  however,  as  to 
warrant  some  comment,  and  I  can  truthfully  say,  whatever  the  crime  or  condition 
under  which  men  may  be  forced  into  the  Alameda  County  jail,  under  similar 
management  to  that  which  existed  at  the  time  I  sojourned  there,  they  are  truly 
to  be  pitied.  ''Grub,"  as  the  prisoners  called  it,  was  too  complimentary.  Swill, 
in  all  truth  would  be  a  more  appropriate  term. 

Those  among  the  prisoners  who  had  the  price,  might  obtain  a  meal  at  any 
time  from  the  jailer's  table,  by  paying  the  sum  of  50  cents  extra. 

I  could  never  quite  understand  why  there  should  be  such  a  marked  differ- 
ence in  the  management  of  the  Alameda  County  jail  and  the  Alameda  City  jail, 
but  I  presume  that  the  head  of  the  institution  has  much  to  do  with  the  way  things 
are  conducted. 

During  my  four  day's  stay  at  the  Alameda  City  jail,  while  I  was  made  to 
feel  my  position  as  a  prisoner  in  every  sense  of  the  word,  at  the  same  time,  I  was 
never  treated  in  such  a  manner  as  would  tend  to  force  upon  a  man  the  feeling 
that  he  was  not  a  human  being,  and  I  can  only  regret,  since  it  was  my  lot  to  re- 
main in  confinement,  that  I  was  not  permitted  to  occupy  a  cell  in  the  jail  over 
which  Chief  of  Police  John  Conrad  presided.  I  was  his  prisoner,  but  not  his 
dog,  nor  was  I  ever  so  considered  by  him,  and  shall  always  hope  for  the  time  when 
I  shall  become  better  acquainted  with  him  under  more  pleasant  circumstances. 

On  the  morning  of  the  twelfth  day  of  my  confinement  in  the  Alameda 
County  jail,  I  received  a  message  from  Mr.  Heney,  informing  me  that  I  was  to 
leave  on  the  train  for  Oregon  that  night  and  that  he  would  call  to  see  me  about 
seven  o'clock  in  the  evening.  Upon  receiving  this  information,  I  sent  a  message 
to  my  wife,  advising  her  that  I  expected  to  leave  for  the  North  that  same  day,  and 
asking  her  to  call  in  the  evening,  when  I  hoped  to  be  permitted  to  talk  with  her 
before  my  departure. 

Mr.  Heney  and  my  wife  arrived  at  the  jail  about  the  same  time,  and  after 
talking  with  the  former  for  about  fifteen  minutes.  I  was  allowed  to  talk  with  Mrs. 
Puter  for  nearly  half  an  hour,  when  the  Marshal  announced  that  the  time  had 
arrived  when  we  must  be  going  to  the  train. 

After  bidding  my  wife  and  daughter  good  bye.  I  was  given  into  the  custody 
of  A.  S.  Dingley  and  J.  \V.  Richards,  the  former  being  a  Deputy  U.  S.  Marshal, 
while  the  latter  acted  as  his  assistant  for  this  particular  occasion. 

Page    288 


We  proceeded  to  the  Oakland  mole  by  street  car,  where  we  boarded  the 
Oregon  Express  at  8  :30  for  Portland,  tickets  having  been  previously  purchased 
and  the  drawing  room  in  the  Pullman  car  engaged  for  the  trip. 

I  rather  anticipated  being  handcuffed  on  this  trip,  as  Marshal  Shine,  of 
San  Francisco,  was  very  careful  to  place  the  shackles  on  me  at  the  time  of  my  re- 
moval from  the  Alameda  City  jail  to  the  Federal  Court  room  and  later,  on  the 
trip  to  the  County  jail,  so  it  was  only  natural,  of  course,  that  Mr.  Dingley,  his 
deputy,  would  be  expected  to  take  the  same  precaution.  I  was  agreeably  surprised, 
however,  to  find  that  I  was  not  to  be  so  treated  and  was  surprised  still  more,  upon 
entering  our  room,  to  have  Mr.  Dingley  suggest  to  me  that  I  might  occupy  either 
of  the  three  berths,  whichever  one  I  preferred. 

I  was  not  regarded  as  a  prisoner  at  any  time  during  the  trip  to  Oregon, 
but  rather  as  a  guest  or  companion,  and  aside  from  Mr.  Dingley  and  his  assistant, 
it  was  not  known  to  the  other  passengers  but  that  the  trio  were  making  a  tour 
of  the  country  on  pleasure  bent.  I  attribute  the  treatment  accorded  to  Mr. 
Heney's  good  offices,  for  he  must  have  known  that  I  was  not  of  the  kind  to 
escape,  or  attempt  such  a  thing,  under  the  circumstances. 

Upon  arriving  in  Portland,  we  took  breakfast  at  the  cafe  in  the  Union 
Depot,  after  which,  finding  that  it  was  yet  too  early  to  expect  Marshal  Reed  in 
his  office,  we  sat  about  and  read  the  morning  paper  until  9 :30,  when  we  walked 
to  United  States  Marshal  C.  J.  Reed's  office. 

Upon  entering,  Mr.  Reed  seemed  surprised  to  see  us,  as  he  had  no  intima- 
tion that  we  were  to  arrive  on  that  particular  morning.  I  was  formally  turned 
over  to  the  custody  of  Mr.  Reed  by  Mr.  Dingley,  at  which  time,  I  was  informed 
that  my  bond  had  been  fixed  at  $25,000,  and  as  I  stated  that  no  attempt  would  be 
made  to  furnish  the  bond  in  question,  I  was  immediately  transferred  to  the  Mult- 
nomah  County  jail,  being  turned  over  to  the  custody  of  Jailer  Harry  Graf  ton, 
under  Sheriff  Tom  M.  Word. 

My  first  act  after  reaching  the  County  jail  at  Portland,  was  to  telegraph 
to  my  brother  and  attorney,  Lawrence  F.  Puter,  at  Eureka,  Humboldt  County, 
California,  requesting  him  to  come  to  Portland  at  once,  as  I  wished  to  consult 
with  him  in  regard  to  my  future  plans.  Upon  his  arrival  here,  I  immediately  en- 
listed his  services  to  proceed  East  and  interview  those  with  whom  I  had  become 
involved  in  connection  with  State  School  lands  with  a  view  of  arranging  an  am- 
icable settlement  of  the  difficulty  later  on,  and  which  difficulty  was  the  cause  of 
my  skipping  to  Boston  in  the  first  place  to  avoid  arrest  until  settlement  could  be 
made  or  an  understanding  arrived  at.  This  difficulty,  I  might  state  here,  had  no 
connection  whatever  with  the  land  fraud  trials  in  which  the  Government  had  se- 
cured my  conviction.  I  make  mention  of  this  fact,  simply  to  show  that  in  escaping 
from  Secret  Service  Agent  Burns  in  Boston,  it  was  not  because  of  any  fear  on 
account  of  the  Government's  case,  but  because  of  what  might  result  in  the  other 
matters,  in  event  of  my  being  arrested  and  taken  into  custody. 

My  brother  made  the  trip  East  and  was  reasonably  successful  in  his  mission 
and  upon  his  return,  some  three  weeks  later,  he  advised  me  to  withdraw  my  mo- 
tion for  a  new  trial  and  to  accept  sentence  and  which,  he  stated,  in  his  opinion, 
would  be  very  light  and  not  to  exceed  six  or  nine  months,  at  the  very  outside,  in 
the  County  jail.  He  thought  this  the  best  way  out  of  the  difficulty  and  that,  if  I 
snouM  decide  to  follow  his  advice,  sentence  would  be  imposed  immediately  and  it 
would  not  seem  long,  he  reasoned,  until  my  time  had  been  served  and  I  would 
then  be  free  to  engage  in  some  legitimate  pursuit  which  would  enable  me  to  square 
up  old  accounts  with  the  Eastern  people  and  begin  life  anew. 

I  accepted  his  judgment  in  the  matter  and  on  the  following  day,  July  6th, 
1906,  I  appeared  before  Hon.  Charles  E.  Wolverton,  U.  S.  Federal  Judge  for  the 
District  of  Oregon,  and  was  sentenced  to  confinement  in  the  Multnomah  County 
jail  for  a  term  of  two  years,  and,  in  addition,  that  I  was  to  pay  a  fine  of  $7,500. 
This  sentence  came  as  very  much  of  a  surprise  to  me,  as  I  little  expected 

Page    289 


Robert  L.  Stevens,  Sheriff  of  Multnomah 
County,  Oregon 


to  receive  the  maximum  penalty  of  two  years,  as  against  that  of  Senator  Mitchell 
of  but  six  months,  while  my  fine  was  placed  at  $7,500,  as  against  $1,000,  imposed 
on  the  Senator. 

I  could  not  understand,  nor  do  I  to  this  day,  why  this  great  difference,  for 
while  I  am  free  to  acknowledge  that  Senator  Mitchell  occupied  an  exalted  position 
in  the  State  and  Nation ;  that  he  was  possessed  of  more  education  and  a  brain  of 
greater  force  and  development  than  that  to  which  I  could  lay  claim,  I  could  not 
but  believe  that  if  anything,  he  was  the  greater  criminal  of  the  two.  This  man, 
elected  to  one  of  the  highest  positions  in  the  gift  of  the  Nation  by  the  representa- 
tives of  the  people  at  large  in  the  State  of  Oregon,  respected  and  honored  alike 
both  at  home  and  abroad,  an  able  lawyer  and  prince  of  diplomacy,  and  a  man,  who, 
in  all  truth,  was  actually  worshipped  by  his  constituents,  had,  as  the  people  of 
his  State  and  Nation  know,  been  indicted,  tried,  and  convicted  by  the  fellow  citi- 
zens of  his  own  State,  and  that,  too,  of  a  similar  crime  to  my  own — conspiracy  to 
defraud  the  Government  out  of  a  portion  of  its  public  lands,  but  which,  in  Senator 
Mitchell's  case,  was  by  far  the  greater  offense  of  the  two,  as  to  him  had  been 
entrusted  the  power  to  participate  in  the  making  of  the  very  laws  which  he 
afterwards  saw  fit  to  violate,  while  I,  occupying  only  the  position  of  a  plain 
citizen,  uncultured  and  virtually  without  education,  aspiring  merely  for  the 
commonplace  things  of  life,  ambitious  only  that  I  might  be  able  to  provide  com- 
fortably for  my  family  and  place  my  children  in  reach  of  an  education,  I  must 
submit  to  longer  imprisonment  and  to  suffer  the  imposition  of  a  seven  fold 
greaer  fine. 

It  is  probably  not  proper  for  me  to  criticise  the  wisdom  of  the  trial  judges 
in  passing  the  respective  sentences,  but  I  must  admit,  if  judgment  was  correct  in 
both  instances,  it  is  beyond  my  power  of  comprehension. 

It  is  true,  of  course,  that  Mr.  Heney  agreed  that  I  should  not  be  prose- 
cuted on  any  of  the  other  indictments  against  me,  provided  I  withdrew  my  motion 
for  a  new  trial  and  accepted  sentence,  but  even  at  that,  it  appeared  to  me,  because 
of  the  valuable  information  I  gave  to  the  Government  officials  and  which  enabled 
them  to  secure  indictments  against  Senator  John  H.  Mitchell  and  others,  I  should 
not  have  been  so  severely  dealt  with.  It  was  the  "big  men"  that  the  Government 
was  after  anyway — men  holding  high  official  positions,  and  men  who  were  sup- 
posed to  know  better  and  to  govern  their  actions  accordingly.  Besides,  it  has 
always  been  customary,  from  time  immemorial,  to  deal  leniently  with  any  one 
furnishing  their  State  or  Government  with  information  which  would  result  in  se- 
curing convictions  of  the  principals  to  a  crime,  or  conspiracy  to  commit  crime. 

I  had  been  confined  something  less  than  a  month  when  Robert  L.  Stevens, 
the  newly  elected  Sheriff,  took  charge  of  the  institution.  Upon  assuming  control 
of  the  Sheriff's  office,  Mr.  Stevens  appointed  Geo.  T.  Mitchell  as  Jailer,  he  having 
officiated  in  a  similar  capacity  under  Sheriff  William  Fraser,  whose  office  termi- 
nated some  four  years  prior  to  Sheriff  Stevens'  induction  into  office. 

I  had  served  something  like  three  or  four  weeks  of  my  sentence  under 
Sheriff  Stevens'  administration,  when  I  learned  that  I  was  to  be  moved  to  other 
quarters  in  the  jail,  United  States  Marshal  Reed  having  directed  that  I  be  ac- 
corded the  best  accommodations  possible.  I  was  thereupon  transferred  to  a  room 
by  myself,  which  was  ten  feet  wide  by  fourteen  feet  long  and  nine  feet  high, 
with  cement  walls,  nicely  kalsomined  and  a  hardwood  floor  and  double  windows, 
each  of  which  were  two  and  one-half  by  five  feet  in  size,  facing  the  street  on  the 
east  side  of  the  building.  This  room  possessed  electric  lights,  besides  hot  and 
cold  water  and  a  toilet,  with  furniture  consisting  of  a  large  square  writing  table 
and  two  comfortable  chairs,  which  was  afterwards  supplemented  by  the  addition 
of  a  typewriting  machine  and  stand.  The  entire  jail  was  steamheated. 

Meals  were  served  thrice  daily  excepting  on  Sundays,  when  luncheon  was 
omitted.  They  \vere  all  remarkably  wholesome,  and  compared  very  favorably 
with  those  obtainable  at  first-class  local  restaurants  for  fifty  cents. 

Page    291 


H.  P.  ("Dad")  Hunter,  jailer  of  the  Multnomah 
County  Jail,  where  Puter  was  confined 

I  might  state  here  that  of  all  my  experiences  with  jail  life — covered  by 
my  confinement  in  the  Alameda  City  jail  for  four  days,  the  Alameda  County  jail 
for  twelve  days,  and  my  incarceration  in  the  Multnomah  County  jail  from  June, 
1906,  to  January  6,  1908 — I  consider  the  latter  the  best  conducted  institution 
of  its  kind  I  ever  encountered.  It  may  be  added,  however,  that  the  treatment  ac- 
corded me  by  Chief  of  Police  Conrad  during  my  brief  stay  as  his  guest,  could 
not  be  surpassed.  He  certainly  exercises  a  humane  spirit  in  the  conduct  of  the 
Alameda  City  jail,  but  naturally  his  facilities  are  inferior  to  those  connected  with 
the  Portland  institution. 

Robert  L.  Stevens,  the  Sheriff  of  Multnomah  County,  is  without  doubt  the 
right  man  in  the  right  place.  I  had  ample  opportunity  to  study  conditions  during 
my  long  stay  in  his  charge,  and  am  in  a  position  to  state  with  every  degree  of 
sincerity  that  his  management  of  affairs  could  hardly  be  improved  upon.  He  is 
kind  and  courteous  to  all,  and  at  the  same  time  commands  the  respect  and  confi- 
dence of  those  in  his  keeping.  He  is  a  man  of  courage  and  high  character,  and 
I  do  not  believe  he  has  ever  had  a  prisoner  that  has  failed  to  take  a  personal  pride 
in  conducting  himself  in  such  a  manner  as  to  reflect  credit  upon  Mr.  Stevens'  ad- 
ministration. 


Page   292 


No  sooner  had  he  assumed  the  duties  of  his  office,  than  he  instituted  a 
crusade  against  the  accumulated  filth  of  past  administrations,  with  the  result  that 
every  nook  and  corner  of  the  establishment  was  thoroughly  cleansed,  the  walls 
carefully  whitewashed,  the  cells  painted  and  all  the  sanitary  conditions  vastly  im- 
proved. This  in  itself  had  a  tendency  to  exercise  a  potent  influence  over  those  in 
confinement,  seeming  to  inspire  them  with  a  desire  to  co-operate  with  the  spirit 
of  reform.  In  fact,  upon  the  principle  that  "music  hath  charms  to  soothe  the 
savage  breast,"  I  believe  that  any  turbulent  nature  is  more  readily  controlled  in 
an  atmosphere  of  refinement  than  under  conditions  that  are  liable  to  develop 
the  baser  instincts. 

"Bob"  Stevens  exercises  wonderful  control  over  men,  and  this  he  ac- 
complishes more  through  kindness  than  by  any  other  process.  There  has  never 
been  any  attempted  jail-break  during  his  term,  and  in  my  opinion  there  never  will, 
because  all  the  prisoners — among  whom  are  some  of  the  most  desperate  class  of 
criminals — seem  to  feel  that  they  would  be  violating  a  confidence  by  the  com- 
mission of  any  act  that  would  have  a  tendency  to  discredit  the  present  Sheriff  in 
public  estimation.  He  rules  with  an  iron  hand  through  kindness,  whereas,  were 
he  a  brute,  like  too  many  who  are  given  temporary  control  of  human  beings,  there 
is  no  doubt  he  would  be  in  constant  hot  water,  as  those  in  confinement  are  ever 
ready  to  go  to  any  extreme  in  resenting  ill-treatment. 

Sheriff  Stevens'  entire  force  is  composed  of  men  eminently  qualified  to  fill 
their  respective  places.  At  the  time  of  his  election,  he  was  identified  with  a  promi- 
nent local  bank,  and  brought  with  him  to  the  Sheriff's  office  those  business  prin- 
ciples that  had  governed  his  career  for  years.  It  all  goes  to  show  that  when  it 
comes  to  conducting  a  public  office  of  any  kind,  it  is  always  better  to  place  business 
men  instead  of  politicians  in  charge. 

During  the  summer  of  1907,  Jailer  Mitchell  resigned,  and  was  succeeded 
temporarily  by  R.  F.  Beatty,  who  continued  to  hold  the  position  until  October  of 
that  year,  when  Sheriff  Stevens  appointed  H.  P.  ("Dad")  Hunter  to  the  place. 
The  Sheriff  made  a  wise  selection  in  this  instance,  as  "Dad"  is  undoubtedly  one 
of  the  best  men  that  ever  turned  a  key  on  a  poor  unfortunate.  A  giant  in  stature, 
and  a  tower  of  strength  physically,  with  disposition  congenial  enough  to  corres- 
pond with  his  size,  he  is  one  of  the  most  popular  men  I  ever  saw  around  an  in- 
stitution of  this  character.  With  it  all,  however,  he  maintains  a  strict  enforce- 
ment of  rules,  and  is  certainly  a  valuable  aid  to  the  Sheriff  in  preserving 
discipline. 

Frank  Beatty  also  made  a  good  Jailer  during  the  brief  period  he  held  the 
position,  but  the  close  confinement  proving  irksome  to  one  of  his  nature,  at  his  own 
request  he  was  transferred  to  field  duty,  where  he  has  frequently  distinguished 
himself  in  the  clever  capture  of  dangerous  criminals. 

Through  the  intercession  of  Francis  J.  Heney,  President  Roosevelt  granted 
me  a  pardon  on  December  31,  1907,  and  it  proved  to  be  a  very  welcome  New 
Year's  gift,  for,  despite  my  pleasant  surroundings,  I  was  anxious  to  regain  my 
liberty  and  take  up  the  burdens  of  life  on  improved  plans. 

It  is  one  of  the  ironies  of  fate  that  the  official  document  containing  the  act 
of  executive  clemency  reached  me  on  January  6,  1908,  and  I  walked  forth  a  free 
man  on  my  fifty-first  birthday. 


Page  293 


Puter  at  work  in  his  cell,  revealing  the  author  in  his  customary 
attitude  while  engaged  in  preparing  tht  manuscript 


Chapter  XIX 


C.  A.  Smith,  the  multi-millionaire  of  Minneapolis,  and  candidate  for  the  United 
States  Senate  from  Minnesota,  grows  exceedingly  "chesty"  when  he  imag- 
ines Puter  has  joined  the  "Down  and  Out"  Club  on  account  of  being  a 
fugitive  from  justice,  and  gives  a  local  netvspaper  a  false  interview  con- 
cerning the  land  fraud  king — The  latter  retaliates,  and  proves  Smith  to  be 
not  onl\  the  Premier  Disciple  of  Ananias,  but  a  Shylock  of  the  first  zvater- 
and  a  miser  of  the  deepest  dye,  behind  zvhotn  the  turnkey  stalked  with 
fiendish  glee  until  the  statute  of  limitations  kindly  came  to  his  rescue. 

A)  for  the  thousands  of  acres  of  valuable  timber  lands  in  Linn,  Douglas 
and  Coos  counties,  Qregon,  which  C.  A.  3mith  acquired  fraudulently 
through  Fred  A.  Kribs,  his  Pacific  Coast  representative,  it  is  not  at  all  un- 
likely that  the  Government  will  soon  take  steps  to  cancel  the  patents  thereto,  as 
Mr.  Heney,  while  engaged  in  gathering  the  evidence  upon  which  Senator  Mitchell 
was  convicted,  also  unearthed  all  the  details  relating  to  the  illegal  process  by  which 
these  tracts  were  secured.  In  the  event  of  the  cancellation  of  the  patents  to  these 
lands,  title  would  revert  to  the  Government,  and  they  could  be  relocated  under  the 
timber  and  stone  Act  of  June  3,  1878. 

But  of  this  immense  wealth  of  timber  that  still  hangs  in  the  balance,  I  have 
said  enough.  There  are  other  vast  tracts  which  Smith  has  acquired  just  as  ille- 
gitimately— located  also  in  Linn,  Douglas  and  Coos  counties,  Oregon — which  in- 
cludes thousands  of  acres  of  the  finest  timber  lands  in  the  Northwest.  Some  of 
this  was  taken  up  under  the  Timber  and  Stone  Act,  with  the  aid  of  "dummy"  entry- 
men,  just  as  those  portions  alluded  to  were  obtained,  while  the  balance  was  em- 
braced in  forest  reserve  lieu  selections  under  the  "Scripper"  law  of  June  4,  1897. 

It  was  Fred  Kribs'  "stand-in"  with  Register  J.  T.  Bridges  and  Receiver  J. 
H.  Booth,  of  the  Roseburg  Land  Office,  that  enabled  him  to  get  the  inside  track 
on  all  the  good  things  that  were  known  to  be  floating  around  promiscuously  in 
that  District,  but  it  has  been  shown  that  this  relationship  proved  the  undoing  of 
the  Land  Office  officials,  and  drove  poor  Kribs  into  such  a  tight  box  that  he  was 
forced  to  peach  on  his  friends  in  order  to  save  his  own  bacon. 

It  is  a  well-known  fact  that  night  after  night,  when  the  Land  Office  was 
supposed  to  be  closed  to  the  general  public,  Kribs  and  the  Register  and  Receiver, 
behind  closed  doors,  were  secretly  engaged  in  preparing  the  scrip  selections  to  be 
filed  the  following  morning  upon  all  the  lands,  or  the  greater  portion  of  them, 
embraced  in  some  township  that  had  just  been  surveyed  and  become  subject  to 
entry.  Kribs  certainly  had  the  long  pull  in  that  office,  and  having  prepared  his 
selections  in  advance,  was  in  a  position  to  shut  out  all  competitors. 

His  plan  contemplated  the  temporary  blanket  covering  of  the  entire  newly- 
surveyed  township  with  forest  reserve  scrip  until  such  a  time  as  his  cruisers  had  a 
chance  to  inspect  each  forty  embraced  therein,  after  which  Kribs  would  withdraw 
his  selections  from  the  culled  portions,  kindly  affording  the  common  herd  an  op- 
portunity to  get  hold  of  something  he  didn't  want.  In  this  respect  his  action  re- 
minds one  of  a  person  throwing  a  bone  to  a  hungry  canine. 

Other  courtesies  extended  Kribs  by  the  local  land  office  officials — who  have 
since  been  deposed  on  account  of  these  transactions — consisted  in  furnishing  him 
with  advance  information  concerning  the  cancellation  of  certain  entries  by  the 
Department.  This  would  give  him  a  long  lead  in  the  race  to  relocate  the  tract, 
and  it  is  plain  to  be  seen  how  the  "other  fellow"  would  fare  in  his  efforts  to  get 
hold  of  some  of  the  rich  pickings  that  were  supposed  to  abound  in  that  vicinity. 

Page  295 


The  foregoing  plat  of  Township  13  South,   Range  3  East,  Linn  County,  Oregon,  together  with 

the  one  on  the  next  page  of  13-4,  shows  some  of  the  fraudulent  timber  entries  made 

in  the  interest  of  C.   A.   Smith  through  the  Mealey   Brothers.       The 

entrymen  were  paid  $50  each  for  their  rights 


Under  the  circumstances  it  is  difficult  to  comprehend  how  such  a  vulnerable 
individual  as  C.  A.  Smith,  for  whom  Kribs  was  at  all  times  operating,  should  give 
expression  to  the  sentiments  attributed  to  him  in  the  course  of  an  interview  with 
a  Minneapolis  newspaper  man  when  it  was  first  announced  that  I  had  been  cap- 
tured in  Boston  by  Secret  Service  Agent  Burns  and  had  afterwards  made  my 
escape,  as  described  fully  heretofore. 

I  will  be  charitable  enough  to  presume  that  he  was  not  devoid  of  common 
sense,  but,  like  Mays,  when  he  refused  to  go  on  my  bond,  thought  I  was  down  and 
out,  taking  it  for  granted  that  because  I  was  a  fugitive  from  justice  at  the  time, 
he  could  say  what  he  pleased  about  me  without  fear  of  his  lying  statements  being 
contradicted. 

In  the  Minneapolis  Journal  of  March  27,  1906,  published  on  the  afternoon 
of  the  day  following  my  escape  from  Burns,  Smith  is  quoted  in  this  fashion: 

Page   296 


PUTER  "GOT  TO"  A  LOCAL  LUMBERMAN. 


Man  Who  Made  Sensational  Gun-Play  in  Boston  Remembered  by  C.  A.  Smith. 


REMARKABLE  CUNNING  DECEIVED  A  LAWYER, 


Thousands  Lost  in  Timber  Land  Deals  With  Shrewd  Puter,  Admits  Mr.  Smith. 


0.  A.  Smith,  a  Minneapolis  lumberman,  who  has  just  returned  from  the  Pacific 
Coast,  figures  he  has  lost  between  $150,000  and  $200,000  as  a  result  of  his  acquaintance  and 
business  deals  with  Stephen  A.  Douglas  Puter,  the  fugitive  from  justice  who  escaped  from  a 
United  States  secret  service  officer  at  Boston  yesterday  by  making  a  "gun-play"  in  the 
public  street  in  front  of  the  postoffice. 

Mr.  Smith  considers  himself  a  pretty  good  judge  of  human  nature,  but  admits  that  he 
was  completely  taken  in  by  Puter,  whom  he  met  in  the  city  some  six  years  ago.  At  that 
time,  Puter  called  on  Mr.  Smith  to  offer  for  sale  some  Pacific  Coast  timber  land. 

' '  I  will  give  Puter  credit, ' '  said  Mr.  Smith  today,  ' '  for  being  one  of  the  smoothest 
individuals  I  ever  met.  He  puts  up  a  splendid  front,  has  an  unlimited  amount  of  nerve,  and 
is  a  shrewd  business  man — but  apparently  absolutely  unscrupulous. 

"  'I  look  on  most  of  these  Pacific  Coast  men  who  vrant  to  sell  timber  tracts  as  crooks,' 
I  said  to  my  lawyer  after  drawing  up  a  contract  with  Puter,  'but  that  man  who  has  just 
left  us  I  believe  to  be  absolutely  on  the  square.'  '1  heartily  agree  with  you,'  replied  my 
attorney.  And  so  we  were  both  taken  in." 

WOEKED  IT  COMING  AND  GOING. 

' '  The  largest  deal  I  had  with  Puter  was  for  the  purchase  of  some  30,000  acres  of 
timber  land  on  which  he  held  options,  located  on  the  Pacific  Coast.  I  was  to  pay  him  a 
flat  figure  an  acre.  It  eventually  turned  out  that  he  gave  me  clear  title  to  the  poorest 
lands,  but  those  on  which  the  best  timber  stood  I  never  did  get  title  to.  In  other  transac- 
tions where  he  acted  as  my  agent  in  direct  purchase  of  land,  I  afterwards  found  he 
cheated  me  out  of  $30,000  or  $40,000  in  actual  cash  by  reporting  the  prices  he  paid  in 
excess  of  the  actual  figures. 

"A  year  ago  this  month  was  the  last  time  I  ever  saw  Puter.  He  met  me  here  in 
the  Hotel  Nicollet.  '  I  am  in  a  position  where  I  must  have  $2,000, '  he  said,  '  and  I  want 
you  to  give  it  to  me  on  account  of  deals  which  are  still  pending  between  us. '  I  was  at 
that  time  looking  up  his  crookedness,  and  although  I  suspected  him,  I  had  no  proof.  'I 
can't  let  you  have  a  single  cent,'  I  replied.  'Why,'  said  Puter,  'I  have  just  returned  from 
Washington  where  I  have  done  things  to  clear  title  to  lands  that  would  put  me  behind 
prison  bars.  You  must  give  me  $2,000!'  : 

PUTER  HEEE  RECENTLY. 

"  'I  bought  lands  from  you  in  good  faith,'  I  replied,  'and  without  any  trickery 
or  dishonesty  on  my  part.  If  you  have  been  dishonest  and  have  done  wrong  it  is  all  your 
own  doing,  and  none  of  mine.'  He  finally  left  me  without  getting  any  money,  and  I 
haven't  seen  him  since.  One  of  my  men,  however,  told  me  he  saw  Puter  in  Minneapolis 
on  the  street  about  two  months  ago.  I  imagine  the  fellow  has  about  got  to  the  end  of  his 
rope.  He  has  a  family  in  Oakland,  California. 

' '  The  fact  that  Puter  is  not  only  smooth,  but  a  man  of  great  nerve,  is  demon- 
strated by  the  way  he  escaped  from  the  Government  officer  in  the  public  streets  of  Boston; 
and  I  understand  United  States  Marshal  W.  J.  Burns,  of  Washington,  D.  C.,  is  one  of  the 
cleverest  men  in  the  employ  of  the  Federal  Government. ' ' 

If  a  person  were  to  judge  from  the  above,  he  would  quite  naturally  conclude 
that  C.  A.  Smith  was  somewhat  of  an  angel  without  wings,  and  altogether  too 
honest  and  sublime  to  engage  in  any  shady  transaction,  or  even  become  associated 
with  one  whose  tendencies  might  be  inclined  that  way. 

But  I  wish  to  state  for  the  benefit  of  all  whom  it  may  concern,  that  Smith 
is  noted  for  just  such  outbursts  of  assumed  holy  righteousness  whenever  it  suits 
his  convenience  to  play  the  hypocrite,  which  is  equivalent  to  saying  that  this  is 
his  normal  condition.  In  this  attitude  he  bears  a  striking  resemblance  to  the 
jackass  that  arrayed  itself  in  a  lion's  skin,  and  undertook  to  create  a  deep  im- 
pression by  its  imaginary  roar;  and  in  this  instance  also  the  disguise  is  too  ap- 
parent to  deceive  anybody  or  anything  excepting  his  own  egotistical  instincts. 

Page    297 


Plat  of  Township  13  South,  Range  4  East,  showing  location  of  timber  claim  filed  on  by  George  A. 

Westgate,  the  newly  appointed  Surveyor-General  for  Oregon.      The  18  quarter  sections 

indicated  above  were  filed  on  in  the  interest  of  C.  A.  Smith  by  the  Mealey 

Brothers,  the  entrymen  receiving  $50  each  for  their  claims 

In  my  opinion,  this  man  C.  A.  Smith,  although  possessed  of  millions,  is. 
without  question,  the  most  selfish,  covetous  and  avaricious  landgrabber  with  whom 
I  ever  had  dealings — ever  ready  and  willing  to  do  business  with  me  when  I  had 
lands  to  offer  that  he  knew  had  been  obtained  fraudulently,  because,  as  he  figured, 
he  could  get  them  cheaply,  and  in  the  hope  of  securing  such  lands  at  a  figure  less 
than  one-half  their  market  value. 

On  the  other  hand,  whenever  I  had  large  tracts  of  land  to  offer  that  were 
acquired  legitimately  and  of  great  value,  he  would  invariably  nose  around  in  an 
effort  to  learn  what  there  was  in  it  for  me,  and  whatever  the  value  of  the  land,  or 
how  small  my  commission,  he  would  spend  more  time  than  the  difference  in  our 
estimates  trying  to  get  me  to  come  to  his  terms. 

Two  deals  in  point  were  for  lands  in  Humboldt  county.  California.  The 
first,  or  that  owned  by  Hooper  Brothers,  and  known  as  the  California  Redwood 
Company,  included  in  its  holdings  12.000  acres  of  the  very  cream  of  that  great 
lumber  belt,  with  a  shingle  mill  in  operation,  seven  miles  of  railroad,  locomotive 
and  logging  cars,  together  with  full  equipment,  all  of  which  I  offered  to  Smith 
for  $900,000.  and  on  which  amount  he  knew  I  was  to  receive  a  commission  of 

Page   298 


five  per  cent.  This  "wiseacre"  from 
Minnesota,  who  had  worn  the  custom 
threadbare  of  making  his  own  price, 
bucked  right  square  in  the  harness  when 
he  found  out  how  much  it  was  going  to 
cost  him,  even  having  the  audacity  to  de- 
clare that  he  would  purchase  those  lands 
before  he  got  through  for  one-half  the 
price  named  by  me,  and  as  for  any  com- 
mission— well,  a  few  hundred,  in  Smith's 
hoggish  way  of  thinking,  was  plenty 
good  enough  for  me. 

Mr.  Smith,  together  with  A.  R. 
Rogers,  vice-president  of  the  C.  A.  Smith 
Lumber  Company,  Fred  A.  Kribs  and 
Bert  Davis,  head  cruiser  of  the  corpora- 
tion, had  accompanied  me  to  Humboldt 
county,  where  we  made  a  personal  inves- 
tigation of  the  timber,  railroad  and  other 
equipments  included  in  the  deal,  after 
which  we  returned  to  San  Francisco, 
where  Mr.  Smith  called  upon  Hooper 
Brothers  at  their  office,  with  a  view  of 
purchasing  the  tract.  Smith  talked  the 
matter  over  for  some  time  with  the  com- 
pany, finding  all  the  fault  he  could  in  the 
way  of  pointing  out  the  difficulties  of 
maintaining,  manufacturing  and  dispos- 
ing of  the  lumber,  and  finally  made  the 
Hoopers  the  liberal  offer  of  $450,000  for 
the  property,  or  exactly  one-half  the 
amount  asked  for  the  plant  in  the  first 
place !  One  of  the  Hoopers  later  repri- 
manded me  severely  for  bringing  a  per- 
son of  Smith's  calibre  to  their  office  and 
consuming  his  time  with  such  a  man, 
whom  he  termed  a  four-flusher,  with  no 
intent  of  making  any  purchase.  Needless 
to  state  that  Smith  did  not  secure  the 
lands,  or  any  portion  thereof.  This  valu- 
able tract  was  sold  later,  and  within  two 
years,  to  the  Santa  Fe  Railway  Company 
for  $1.500,000,  or  an  advance  of  $600,000 
over  the  price  I  offered  them  to  Smith, 
and  today  these  same  lands  could  not  be 
purchased,  at  a  conservative  estimate,  for 
less  than  $3,500,000,  from  which  it  will 

be  seen  that,  had  he  accepted  my  offer — made  something  like  six  years  ago — he 
would  now  be  richer  to  the  extent  of  fully  $2,000,000. 

The  other  deal,  involving  the  Vance  properties,  consisting  of  several  thou- 
sand acres  of  redwood  timber,  a  sawmill,  shingle  and  shake  mill,  eighteen  miles 
of  broad-gauge  railroad,  with  several  miles  of  laterals,  locomotives,  logging  cars 
and  full  equipment;  a  steamer  and  several  lumber  schooners,  also  including  the 
Vance  hotel  in  Eureka,  and  1200  feet  of  waterfront,  I  offered  to  C.  A.  Smith  as 
a  whole  for  the  lump  sum  of  $1,000,000.  At  the  time  of  making  this  offer  to  him, 
Mr.  Vance  had  a  prospective  purchaser  on  the  ground  in  the  person  of  A.  B.  Ham- 
mond, who  was  very  anxious  to  secure  the  properties.  But  as  I  had  been  given  a 


George  A.  Westgate,  Senator  Fulton's 
appointee  as  United  States  Surveyor- 
General  for  Oregon,  from  a  sketch  by 
Harry  Murphy  while  Westgate  was 
Chairman  of  the  Republican  State 
Central  Committee  in  1906 


Page   299 


thirty-day  option,  at  which  time  he  had  expressed  confidence  in  my  ability  to  close 
the  deal  for  him,  and  as  I  had  gone  to  the  expense  of  making  a  trip  to  Minneapolis, 
bringing  Smith  back  with  me,  and  he  was  then  in  San  Francisco,  but  expected  to 
reach  Eureka  in  a  few  days,  Mr.  Hammond  was  unable  to  get  a  hearing. 

When  I  learned  of  Hammond's  presence,  I  lost  no  time,in  calling  Smith  up 
by  'phone,  advising  him  that  my  option  would  expire  within  two  days,  but  that  Mr. 
Vance  had  expressed  a  willingness  to  grant  a  few  days'  grace,  providing  Smith 
would  come  to  Eureka  on  the  first  steamer.  I  likewise  notified  him  of  Hammond's 
presence,  and  pointed  out  the  eagerness  displayed  b)  the  latter  in  seeking  to  get 
hold  of  the  property.  In  fact,  we  discussed  the  matter  for  something  more  than 
an  hour  on  the  long-distance  telephone,  and  after  explaining  all  the  details,  I  felt 
convinced  that  Smith  would  at  least  comply  with  my  expressed  wish  and  come  to 
Eureka  on  the  first  boat.  He  wound  up  our  conversation,  however,  by  telling  me 
that  it  would  be  impossible  for  him  to  do  so  just  then,  but  that  he  would  come 
up  within  a  week  or  so. 

When  I  hung  up  the  receiver,  I  was  thoroughly  disgusted  with  Smith.  1 
knew,  as  a  matter  of  fact,  that  he  wanted  those  lands,  and  I  had  full  faith  that  a 
sale  would  be  consummated  if  he  could  be  induced  to  make  the  trip  without  delay, 
as  he  had  been  there  that  summer,  and  had  also  inspected  these  lands  the  summer 
before,  at  which  time  he  made  purchases  of  adjoining  tracts,  and  their  value  was 
well-known  to  him. 

But  Smith  was  proceeding  on  the  theory  that  both  Edward  Vance  and  my- 
self would  eventually  come  to  his  terms,  and  in  order  to  force  this  condition,  he 
determined  to  hold  off  for  the  time  being,  and  keep  Vance  on  a  string.  Besides, 
my  proposition  to  him  involved  the  investment  of  $1,000,000 — a  whole  lot  of  mon- 
ey, and  his  egotism  led  him  to  assume  that  he  was  the  only  man  in  the  country 
who  could  swing  such  an  amount. 

He  had  reckoned  without  his  host,  however,  when  he  ran  up  against  Ham- 
mond, as  the  latter  had  almost  unlimited  financial  backing,  and  was  quick  on  the 
trigger  when  he  caught  sight  of  a  good  thing. 

Disgusted  beyond  measure  at  Smith's  arbitrary  policy  in  handling  the  deal, 
I  went  to  Vance  the  next  morning  and  explained  the  whole  situation  to  him,  with 
the  result  that  all  negotiations  with  Smith  were  terminated  at  once,  and  Hammond 
became  the  purchaser  at  the  price  indicated,  depositing  $100,000  to  bind  the  bar- 
gain before  leaving  Eureka. 

This  transaction  took  place  in  1902,  and  the  same  property  today  is  easily 
worth  $10,000,000.  It  might  be  well  to  state,  however,  in  justice  to  this  estimate, 
that  about  $400,000  has  since  been  expended  in  betterments,  but  as  $10,000,000  is 
a  conservative  estimate  of  the  present  value,  the  margin  of  profit  is  not  seriously 
affected.  No  sooner  had  I  apprised  Smith  over  the  'phone  that  Vance  had  closed 
with  Hammond,  than  he  started  at  once  for  Eureka,  and  as  soon  as  he  got  there, 
he  pitched  into  me  as  a  balm  for  his  chagrin  in  getting  left.  Nothing  could  illus- 
trate the  nature  of  the  man  more  aptly  than  this  episode.  I  was  made  the  bumper 
for  all  his  woes,  and  his  moral  calibre  was  of  too  insignificant  bore  to  take  any 
of  the  blame.  I  was  a  big  loser  by  the  operation,  as  well  as  himself,  because  I  was 
not  only  minus  my  commission,  but  was  also  out  considerable  money  expended  in 
going  to  Minneapolis  in  the  effort  to  induce  Smith  to  come  to  the  Coast,  not  a 
cent  of  which  I  ever  got  back. 

About  the  time  that  Smith  secured  the  thirty-three  claims  in  township  14 
south,  ranges  3  and  4  east,  described  in  a  former  chapter,  I  prevailed  upon  him  to 
visit  Humboldt  county.  California,  with  a  view  of  interesting  him  in  a  tract  of 
redwood  there.  This  was  his  first  trip  to  that  region,  and  when  he  saw  the  mag- 
nificent timber,  he  became  so  highly  elated  that  he  insisted  upon  my  getting  hold 
of  some  of  it  for  him.  I  already  held  an  option  on  7.000  acres,  and  told  Smith 
that  I  could  probably  secure  between  25.000  and  30.000  acres  more,  which  would 
cost  him  less  than  $iO  an  acre.  He  purchased  the  7,000-acre  tract  forthwith,  and 
instructed  me  to  obtain  options  on  the  balance  as  soon  as  possible. 

Page    300 


Within  ninety  days  I  had  corralled  17,000  acres  for  him,  in  this  way,  at  an 
average  cost  of  $8.75  an  acre,  all  of  which  adjoined  his  other  purchase.  He  was 
sojourning  in  Portland  at  the  time,  and  after  I  had  secured  the  options  on  the 
17,000  acres,  I  went  there  and  explained  matters  to  him.  Smith  agreed  to  take 
the  lands,  drawing  up  a  contract  to  the  effect  that  he  would  advance  $8  an  acre 
upon  receipt  of  a  deed  to  each  160-acre  claim,  together  with'-'an  abstract  showing 
perfect  title  in  his  name. 

It  was  agreed  further  that  his  own  cruisers  should  estimate  the  standing 
timber  thereon,  and  that  all  claims  found  unsatisfactory  should  revert  to  me.  Those 
coming  up  to  the  standard  he  was  to  accept,  at  S9.50  an  acre,  the  extra  SI. 50  an 
acre  to  be  paid  upon  completion  of  the  contract.  The  latter  was  executed  in  dupli- 
cate by  Smith  and  myself,  each  retaining  a  copy.  He  thereupon  went  with  me  to 
Humboldt  county,  where  he  deposited  $100,000  in  the  Bank  of  Eureka,  to  be  ex- 
pended in  fulfilling  the  provisions  of  the  contract.  He  also  left  instructions  with 
the  bank  to  draw  upon  him  for  any  amount  sufficient  to  meet  all  deficient 

During  the  summer  of  1901,  while  the  transfers  were  being  made  to  Smith, 
he  visited  Eureka  again,  and  while  there  entered  into  an  oral  agreement  with  me, 
by  which  it  was  stipulated  that  I  should  secure  all  the  available  lands  in  the  vicin- 
ity of  those  contracted  for,  upon  which  I  was  to  receive  a  commission  of  fifty 
cents  an  acre.  In  other  words.  I  was  to  purchase  the  lands  at  the  lowest  possible 
figure,  and  he  was  to  allow  me  this  fifty  cents  an  acre  as  a  bonus.  Settlement, 
however,  was  not  to  be  made  with  me  until  after  he  had  acquired  a  perfect  title 
to  the  entire  17,000  acres. 

I  purchased  10,000  acres  under  this  oral  arrangement,  and  13,500  acres 
under  the  first  or  written  contract.  My  failure  to  secure  the  full  quota  of  17,000 
acres  for  him,  in  accordance  with  the  provisions  of  Vie  written  contract,  was  on 
account  of  several  of  those  upon  whom  I  relied  selling  out  at  a  much  higher  figure 
to  somebody  else.  As  I  was  personally  acquainted  with  those  who  had  given 
options,  and  had  the  utmost  confidence  in  their  integrity.  I  had  not  insisted  upon 
reducing  the  options  to  writing,  and  when  they  sold  to  others,  I  was  without  re- 
course, and  consequently  unable  to  deliver  the  lands. 

It  \vill  be  observed  that  under  the  terms  of  the  written  contract.  I  had  stip- 
ulated to  deliver  approximately  17,000  acres  to  him.  It  will  likewise  be  noted  that 
I  fell  3,500  acres  short  of  this  quantity.  This  shortage  was  not  caused  wholly  by 
the  failure  of  some  of  the  owners  to  live  up  to  their  verbal  agreements  with  me. 
but  in  part  was  on  account  of  some  of  the  tracts  having  defective  title,  and  I  knew 
it  would  be  useless  to  undertake  to  cure  them. 

Realizing  the  utter  impossibility  of  securing  a  sufficient  amount  of  land  to 
make  up  the  17,000  acres,  and  knowing  that  Smith  had  cruised  the  entire  tract  1 
had  given  him,  I  called  upon  him  in  Minneapolis  for  the  purpose  of  effecting  a 
settlement. 

This  he  was  apparently  willing  to  do,  but  insisted  that  it  should  be  "ac- 
cording to  written  contract."  It  dawned  upon  me  then  that  he  was  playing  a  hold- 
up game  with  me,  and  that  unless  I  was  able  to  produce  the  required  3,500  acre>.  I 
would  probably  experience  more  or  less  difficulty  in  getting  anything.  After  re- 
maining in  Minneapolis  about  three  days,  and  perceiving  the  futility  of  staying 
any  longer,  I  returned  to  Eureka  and  sought  my  brother's  legal  advice  in  the  mat- 
ter. Upon  examining  the  written  contract.  I  was  assured  that  Smith  had  all  the 
best  of  it,  and  for  me  to  make  the  best  settlement  with  him  I  could. 

I  thereupon  proceeded  to  Portland,  Oregon,  where  I  called  upon  Fred  A. 
Kribs,  who  informed  me  that  he  was  in  receipt  of  a  wire  from  Senator  Mitchell, 
in  Washington,  D.  C.,  to  the  effect  that  patents  were  about  to  issue  on  the  thirty- 
three  fraudulent  claims  in  township  14  south,  ranges  3  and  4  east.  This  gave  me 
an  idea,  and  I  lost  no  time  in  letting  Kribs  know  that  it  was  my  intention  to  go 
to  Washington  immediately  and  file  a  protest  against  the  issuance  of  patents  on 
the  claims,  and  have  them  held  in  abeyance  until  such  time  as  Smith  was  willing 
to  do  right  by  me  in  connection  with  the  Humboldt  county  lands.  I  declared  that 

Page   302 


Sample  of  redwood  timber  on  the  Vance  property  in 
Humboldt  County,  California 

unless  fair  treatment  was  accorded  me  in  the  matter,  that  I  would  have  the  entire 
thirty-three  entries  cancelled.  Kribs  advised  me  not  to  proceed  to  Washington 
without  seeing  Smith  first,  stating  that  he  would  write  him  immediately  to  settle 
with  me.  As  F.  Pierce  Mays  was  on  the  same  train  with  me  bound  for  Washing- 
ton City,  I  accompanied  him  as  far  as  Minneapolis.  While  enroute,  I  explained  the 
Smith  deal  to  Mays,  stating  that  it  was  my  intention  to  stop  off  at  Minneapolis 
and  endeavor  to  settle  with  Smith,  and  suggested  to  Mays  that  it  would  be  a  good 
idea  for  him  to  see  Commissioner  Hermann  as  soon  as  he  arrived  in  Washington, 
and  prevail  upon  the  latter  to  suspend  the  issuance  of  patents  to  these  lands  until 
such  time  as  I  made  a  settlement  with  Smith.  Mays  promised  to  see  the  Com- 
missioner immediately  upon  arrival  in  Washington,  and  have  Mr.  Hermann  hold 
up  the  patents  until  Mays  could  hear  from  me. 

Evidently,  Kribs  must  have  wired  Smith  to  keep  out  of  my  way  in  Min- 
neapolis until  he  would  receive  a  letter,  acquainting  him  with  the  facts.  Smith 
managed  to  evade  me  until  the  evening  following  my  arrival  in  Minneapolis, 
and  might  have  kept  out  of  my  sight  still  longer  had  I  not  called  upon  him  at  his 
residence,  where  I  made  an  appointment  to  meet  him  the  next  morning  at  his  office. 
Here  I  found  him  willing  to  settle  with  me  but  upon  a  basis  that  would  have  left 
me  without  a  penny  for  my  work.  We  held  quite  a  heated  discussion  on  the  sub- 
ject, Smith  insisting  on  maintaining  a  position  that  made  me  feel  as  if  I  were 
under  deep  obligations  to  him  for  retaining  any  portion  of  my  scalp  at  all.  He 
would  not,  for  a  moment,  take  into  consideration  the  admitted  fact  that  he  had 
made  a  most  excellent  investment  through  me  in  connection  with  the  Humboldt 
county  lands,  but  like  Shylock,  insisted  upon  his  pound  of  flesh. 

It  was  not  what  he  had  already  made  through  me  that  was  worrying  him ; 
it  was  what  he  expected  to  gain,  and  this  reflection  was  liable  at  any  moment  to 

Page    303 


produce  serious  results  in  the  vicinity  of  his  cardiac  region.  He  argued,  therefore, 
that  I  should  be  only  too  glad  to  relinquish  all  claim  to  my  commission  on  the 
"written  contract"  lands,  amounting  to  $12,500.  together  with  that  on  those  em- 
braced in  the  "oral  contract,"  aggregating  $5.000  more,  or  a  total  of  $17,500.  All 
this  money,  according  to  the  Smithsonian  idea  of  equity,  I  should  be  overjoyed 
to  part  with  on  condition  that  he  reimburse  me  for  the  amount  I  had  already  ex- 
pended in  securing  the  options  under  the  "written  contract."  amounting  to  $10  - 
467.45. 

Smith's  conditions,  under  which  I  might  again  enjoy  possession  of  my  own. 
were  not  to  my  liking,  but  having  in  mind  the  advice  given  me  by  my  brother, 
when  he  pointed  out  that  Smith  had  a  legal  right  to  insist  upon  my  securing  an 
additional  3,500  acres  for  him.  whatever  the  cost  might  be.  and  because  of  the 
fact  that  I  had  an  opportunity  for  immediate  investment  of  the  money  where  the 
returns  were  almost  certain  to  more  than  compensate  me  for  all  losses  by  this 
transaction,  I  decided  that  it  would  be  the  part  of  good  judgment  to  accede  to  his 
terms,  although  I  did  not  then  let  Smith  know-  my  intentions. 

My  object  in  discussing  the  matter  with  him  at  that  time  was  to  point  out 
the  extent  of  his  gain  in  his  dealings  with  me.  In  this  I  succeeded,  but  not  so 
fully  as  desired.  I  likewise  called  his  attention  to  the  absurdity  of  the  idea  that 
I  could  conform  strictly  to  my  obligations  in  regard  to  furnishing  him  with  the 
lacking  3,500  acres,  as  the  larger  portion  of  the  lands  I  expected  to  secure  for  him. 
embraced  in  the  claims  constituting  the  shortage,  had  been  sold  to  some  million- 
aire lumbermen  of  Marrenette.  Wisconsin,  at  prices  ranging  from  $15  to  $17  an 
acre,  while  I  had  planned  to  get  them  for  Smith  at  $9.50  an  acre.  These  same 
lumbermen  refused  $50  per  acre  immediately  after  purchase.  All  this  he  well 
knew,  but  it  was  my  object  in  presenting  the  facts  to  him  anew  in  order  to  show 
the  impossibility  of  fulfilling  my  agreement  with  him. 

Notwithstanding  my  arguments,  he  insisted  that  our  settlement  should  be 
upon  the  basis  of  his  own  ideas,  so  I  informed  him  that  my  books  indicated  that  he 
owed  me  $10,467.45  for  securing  the  options  for  him.  These  figures  were  dis- 
puted by  Smith,  but  he  was  willing  that  I  should  go  over  the  account  with  Charles 
Trabert,  his  private  secretary. 

Two  days  were  consumed  in  adjusting  the  account,  and  when  the  task  was. 
completed,  it  was  found  that  Smith  owed  me  $54  more  than  I  had  asked  him  to 
pay.  It  is  noteworthy  that  when  the  situation  dawned  upon  him.  he  hastened  to 
accept  my  original  statement  of  account. 

Before  reaching  a  final  settlement,  I  suggested  that  inasmuch  as  we  had 
waived  my  claim  to  any  fifty  cents  an  acre  commission,  it  was  no  more  than  right 
that  he  should  also  reimburse  me  for  all  my  personal  expenses  involved  in  the 
deal,  amounting  to  more  than  $2,000.  and  including  several  trips  East ;  something 
over  a  dozen  different  trips  to  Humboldt  county.  California,  and  livery  hire,  cov- 
ering a  period  of  more  than  a  year,  all  of  which  had  been  devoted  to  Smith's  in- 
terests. 

As  usual,  he  declined  to  consider  the  proposition,  but  at  this  juncture  I  had 
the  good  fortune  to  meet  his  friend.  J.  A.  Bohn,  of  Minneapolis,  to  whom  I  re- 
lated all  the  circumstances  connected  with  the  matter.  Bohn  had  been  a  witness 
to  the  amended  "written  contract,"  and  was  familiar  with  all  the  details.  He  lost 
no  time  in  telephoning  to  Smith,  requesting  him  to  call  at  his  office,  and  upon  his 
arrival  pleaded  my  cause  with  such  earnest  effect  that  Smith  finally — although 
with  great  reluctance — yielded  up  his  check  for  $1.000.  This  amount  represents 
all  the  money  I  ever  received  from  C.  A.  Smith  in  the  shape  of  compensation  of 
any  sort  for  getting  him  30,000  acres  of  valuable  redwood  timber  lands  in  Hum- 
boldt county,  at  a  net  cost  to  him  of  $9  an  acre,  after  he  had  bamboozled  me  out 
of  my  fifty  cents  an  acre  commission ;  and  just  how  he  figures  out  that  he  has  lost 
"between  $150.000  and  $200.000"  in  his  operations  with  me  is  more  than  I  can 
comprehend,  and  I  should  feel  greatly  elated  if  he  would  undertake  to  explain  his 
system  of  calculation  under  oath,  in  order  to  show  the  public  where  he  would  land 

Page    304 


0.  A.§M£WlTiP.'*«ftM(T  A.  R.  ROGERS,  VICE  PRtsr. 


•'•••'I  :^     •  :rE-   ,  ANODEAULftomN..^  -^ 

' 


Mr.  R.  V.  Belt. 

1314  lOth.St.N.W.  , Washington, D.c. 
Dear  Sir- 

I  take  pleasure  to  herewith  introduce  Mr.  S. A. D. Puter,  Portland, 
Oregon,  who  has  come  to  Washington  for  the  purpose  of  straightening  up 
and  securing  patents  to  a  lot  of  land  in  the  Roseburg  (Oregon)  District, 
in  which  I  an  interested, and  wish  you  would  kindly  render  him  such  servic- 
es aa  you  can  in  securing  the  patents  for  all  of  such  lands  as  speedily 
as  possible, Ihe  lands  in  question  are  located  in  Townships  14  south, Ranges 
2,3  and  4  East, Willamette  Meridian. 

Yours  truly, 

C. A. smith  Lumber  Co 


After  Puter's  escape  from  Secret  Service  Agent  Burns  in  Boston 
on  the  night  of  March  26th,  1906,  C.  A.  Smith  sought  to  make  himself 
"solid"  with  the  Government  by  disclaiming  any  connection  with  the 
4 '  King  of  the  Land  Fraud  Eing. "  In  an  interview  with  a  Minneapolis 
newspaper  the  next  day,  he  declared  that  he  had  bought  lands  from  Puter 
in  good  faith  without  knowing  anything  about  the  fraudulent  character  of 
the  titles.  If  any  question  exists  as  to  the  close  relationship  between  Smith 
and  Puter  in  regard  to  the  fraudulent  entries  in  Township  14  South, 
Eanges  2-3-4  East,  full  particulars  of  which  are  furnished  in  a  preceding 
chapter,  this  letter  of  introduction  given  Puter  by  Smith  to  a  prominent 
attorney  of  Washington,  D.  C.,  will  probably  have  a  tendency  to  remove 
all  siich  doubt. 


Page    305 


and  where  he  would  not  be  protected  by  the  statute  of  limitations  as  in  the  case 
of  his  other  steals.  This  same  land  is  today  worth  between  $75  and  $100  an  acre, 
some  of  it  being  conservatively  estimated  at  SI  50  an  acre,  and  has  proven  an 
exceptionally  good  investment,  especially  in  view  of  the  fact  that  the  title  has 
been  vested  in  Smith  less  than  six  year-. 

After  giving  me  his  check  for  the  $1,000,  I  accompanied  him  to  the  office 
of  the  C.  A.  Smith  Lumber  Company,  in  Minneapolis,  where  I  supposed  he  would 
further  gladden  my  heart  by  forking  over  the  $10,467.45,  as  agreed  upon.  Instead, 
he  tendered  me  what  might  be  considered  a  due  bill,  a  photographic  copy  of  which 
has  been  produced  heretofore. 

It  will  be  seen  from  the  foregoing  that  Smith  agreed  to  pay  me  the  amount 
named,  as  per  a  certain  contract,  which  was  a  modification  of  the  original  "written 
contract."  and  in  which  there  was  a  clause  to  the  effect  that  I  was  to  receive  only 
the  actual  cost  (amount  paid  to  secure  options)  of  said  lands  to  me,  the  same  to  be 
paid  when  title  thereto  and  "other  lands  in  Oregon"  was  perfected. 

I  hesitated  at  first  to  accept  this  due  bill,  but  having  been  advised  by  tele- 
graph from  my  brother  that  title  to  all  the  California  lands  had  been  perfected,  and 
according  to  a  wire  that  had  just  come  to  him  from  Washington,  twenty-two  of 
the  thirty-three  patents  to  the  Linn  county,  Oregon,  tracts  had  been  issued,  and 
the  balance  were  being  written  up,  I  concluded  that  it  would  be  only  a  matter  of 
a  few  days  when  I  could  collect  on  the  paper,  so  decided  to  accept  it.  I  thereupon 
advised  Mays  by  wire  at  \Yashington.  D.  C..  to  the  effect  that  settlement  having 
been  made  with  Smith,  it  would  be  unnecessary  for  him  to  take  further  action  in 
the  direction  of  holding  up  the  patents. 

After  finishing  with  Smith,  I  in  formed  .him  that  I  had  business  in  Michigan, 
and  would  return  in  about  two  weeks,  at  which  time  I  expected  the  patents  would 
have  issued,  and  I  could  stop  off  on  my  way  West  and  exchange  his  paper  for  the 
cash.  On  the  date  designated,  I  returned  to  Minneapolis  and  called  upon  Smith. 
who  informed  me  that  notice  had  been  received  to  the  effect  that  title  had  been 
perfected  to  all  Humboldt  county  lands,  but  that  one  patent  was  hanging  fire  on  a 
Linn  county,  Oregon  timber  entry.  This  represented  the  Josephine  Jacobs  claim, 
which  will  be  remembered  as  the  Waterloo  of  Allie  Houser. 

I  was  considerably  surprised  when  Smith  told  me  about  the  holding  up  of 
the  patent  to  the  Josephine  Jacobs  claim,  but  as  patents  to  all  the  others  had  been 
issued,  and  this  was  the  only  one  concerning  which  there  could  be  any  question 
between  us,  I  offered  to  accept  settlement  upon  the  basis  of  a  deduction  of  $800, 
which  represented  the  amount  Smith  had  paid  me  for  it.  until  such  time  as  the 
patent  was  granted,  when  he  could  reimburse  me  accordingly. 

At  the  time  of  learning  about  the  Josephine  Jacobs  claim  being  held  up. 
I  had  no  knowledge  of  the  cause,  and  naturally  concluded  that  it  was  due  to  some 
clerical  error,  and  in  making  my  proposition  to  Smith,  that  he  retain  the  $800, 
which  I  had  already  paid  for  the  claim,  I  could  not  but  believe  that  the  offer  wa- 
fair,  and  would  be  just  and  equitable  to  all  parties  concerned.  I  also  offered  to 
!>uy  Smith  interest  on  the  sum  in  question  from  the  date  of  investment,  if  he  saw 
fit  to  demand  it,  but  he  refused  to  entertain  any  proposition  other  than  that  I 
should  await  the  granting  of  this  particular  patent  before  I  could  have  a  cent  of 
the  money  which  already  belonged  to  me,  and  which  I  had  expended  for  his  per- 
sonal benefit. 

Seeing  that  I  could  do  nothing  with  him.  I  returned  to  Oregon,  and  lost 
no  time  in  calling  upon  Fred  A.  Kribs,  his  agent  there,  who  informed  me  that  the 
Josephine  Jacobs  claim  had  been  suspended  on  account  of  the  young  woman  being 
under  age  at  the  time  she  filed  on  the  land.  I  thereupon  told  Kribs  that  I  would 
have  somebody  else  locate  it  in  Smith's  interest,  afterward  transferring  the  title 
to  him,  but  Kribs  insisted  that  he  would  have  John  Givens.  of  Roseburg,  attend 
to  it  for  me.  so  it  was  agreed  between  us  that  I  would  stand  for  any  additional  ex- 
pense that  might  arise,  to  the  extent  of  $150  which  Kribs  said  it  would  all 
amount  to. 

Page    306 


C.  A.  Smith,  the  millionaire  lumberman  of  Minneapolis,  Minn.,  upon  whom  has 
fallen  Puter's  mantle  as  "King  of  the  Oregon  Land  Fraud  Ring" 


. 


LUMBER  £o 


,lrj  July   26/00. 

Mr.   S.   A.  D.   Puter. 

Portland, Ore. 

Dear  Sir- 

You  will  renember  at  different  times  we  talked  about  tne  twenty 
four  clalns  that  the  Northern  Pacific  contested, and  wmcn  they  were  per- 
mitted to  take  and  that  you  would  secure  these  claims  rrorc  them. 

Has  not  the  time  come  for  you  to  take  action  in  this  matter?  More 
than  three  months  have  passed  since  the   contests, and  suppose  that  the  time 
is  nearing  when  patents  will  be  issued. 

Should  think  the  proper  was  to  do  would  be  to  go  to  the  Nor.Pac.and 
buy  them  off.  You  probably  would  have  to  also  open. up  negotiations  with 
then  for  the  balance  of  their  timber  on  Rock  Creek.  If  I  romancer  cor- 
rectly they  nave  one  Town1  fairly  solidf  14-2, if. I  remember  correctly.) 

Yours  truly, 

C.A.Smith  Lumber  Co., 


At  the  time  of  the  compromise  between  Puter  and  the  Northern 
Pacific  in  connection  with  the  contests  concerning  the  57  entries  in  Tp.  14 
s..  K.  i-3-4  E..  particulars  of  which  are  given  in  Chapter  3.  the  railway 
corporation  agreed  to  sell  the  twenty-four  claims  that  fell  to  it  at  a  reason- 
able figure,  and  this  was  what  Smith  had  reference  to  when  he  wrote  the 
foregoing.  His  letter,  in  fact,  was  a  gentle  reminder  for  Puter  to  get  busy. 


Page   308 


'Bull  donkey"  in  operation  at  the  landing  on  the  Vance  property  in  Humboldt 

County,    California.      The  logs  are  hauled  two  miles  from  the  timber 

by  process   of  steel  cables,    and  then  transported  by  logging 

train  to  the  sawmill  at  Eureka,   20  miles  distant 


Givens  was  then  notified  of  conditions,  and  made  arrangements  with  Allie 
Houser  to  file  upon  the  claim,  which  was  deeded  over  to  Smith  immediately  after 
the  final  proof  had  been  made. 

About  three  months  later  I  decided  to  call  upon  Smith  once  more,  this  time 
explaining  to  him  all  the  particulars  connected  with  the  Allie  Houser  substitution, 
but  he  was  as  obstinate  as  ever,  and  declared  that  he  would  not  deal  with  me  upon 
any  basis  whatever  until  the  last  patent  was  in  his  hands. 

I  then  offered  to  accept  $8,000  in  cash,  allowing  him  to  retain  the  $2,467.45 
until  the  issuance  of  the  Allie  Houser  patent,  when  he  could  deduct  also  the 
$150  extra  that  was  paid  out  by  Kribs,  but  he  likewise  scorned  this  proposition, 
according  me  the  same  cold-blooded  turn-down  I  had  received  in  all  my  efforts 
to  effect  a  legitimate  settlement  with  him. 

It  is  evident  from  Smith's  demeanor  that  he  was  then  preparing  to  swindle 
me  out  of  my  just  dues,  or  planning  in  some  way  to  keep  me  out  of  my  money 
indefinitely.  The  Allie  Houser  claim  had  just  been  filed,  and  in  the  natural  order 
of  things,  no  patent  could  issue  for  months  to  come,  and  if  necessary  to  carry  out 
his  scheme  of  deferring  payment,  he  could  take  advantage  of  the  situation  to  pre- 
vent the  issuance  of  patent  indefinitely,  as  under  the  terms  of  our  agreement, 
he  was  not  obliged  to  pay  any  part  of  the  amount  coming  to  me  until  after  final 
title  had  issued  to  all  the  lands  involved. 

I  thereupon  returned  to  Eureka,  Cal.,  and  instructed  my  brother  to 
immediately  bring  an  action  against  Smith  for  the  recovery  of  my  money.  A 
few  months  later,  learning  that  he  was  in  San  Francisco,  I  notified  my  brother, 
and  through  Attorney  Frank  J.  McGowan,  of  San  Francisco,  we  succeeded 

Page    309 


Mr.  S.  A.  D.  Puter. 

Milwaukee  ,wis. 
Dear  Sir- 

I  have  just  wired  you  to  Washington, care  of  Raleigh  Hotel, 
"Fred  thinks  breakers  are  cleared  away  and  everything  will  be  all  right." 
this  on  the  strength  of  a  telegram  just  received  fronhlm, stating  that 
he  is  assured  that  everything  will  be  all  right, and  presume  that  he  knows 
•hat  he  is  talking  about.  I  also  received  a  telegram  from  him  dated  day 
before  yesterday, reading, 

•Have  known  standing  two  weeks  and  retained  two  parties  to  Bake 
•proper  arrangements, if  possible.  Steve  can  do  nothing  there, but 
•should  see  entremen  and  have  them  make  proper  affidavits  when 
•agent  asks  for  them.  Have  matters  well  in  hand.  Nelson  and  Eddy 
•only  people  to  pull  out  matters  to  head  off  hearing.' 

I  have  aU  confidence  now  that  Fred  is  satisfied  that  this  matter 
will  come  out  all  right.  It  might  necessitate  someone  going  to  Washington 
again  very  shortly.  Of  course  I  do  not  know  what  arrangement  Fred  refers 
to.  I  received  your  letter  of  Tuesday, also  your  telegram  of  yesterday. 
Hope  everything  will  come  out  all  right.  The  Bank  has  already  telegraphed 
for  the  funds, so  I  presume  that  natters  are  working  in  Huaboldt  Co. 

Yours  truly, 

C.A. 


Above  is  the  fae  simile  of  a  letter  written  Puter  by  Smith  relative 
to  the  thirty-three  fraudulent  timber  claims  in  Tp.  14  S..  R".  234  E.  Kribs 
is  the  person  spoken  of  as  "Fred."  and  the  Nelson  and  Eddy  mentioned  in 
the  telegram  are  the  two  United  States  Senators  from  Minnesota.  The 
"two  parties"  alluded  to  by  Kribs  were  Special  Agents  Stratford  and  Wil 
son,  whose  "pro]«er  arrangements''  consisted  in  securing  false  affidavits 
from  as  many  of  the  entrymen  as  possible. 


Pace   310 


[UMBER  (^o. 


RE'  )i       ' 


LATH 


CMt?W&qfou4  <^Lr  Jan.   19/01. 
10r.    S.A.D.Puter. 

Milwaukee,Wis. 
Dear  Sir- 

I  am  in  receipt  of  yours  of  the  -17th.  I  notice  you  say  you 
stay  in  Washington  until. Monday.  I  have  just  wired  you, 

"Do  not  take  this  matter  up  with  Nelson  or  Eddy  under  any  cir- 
"cumstances  without  my  seeing  them  first." 

which  I  herewith  wish  to  confirm. 

Of  course .upon  receipt  of  this  you  will  probably  have  left  Washington 
for  good  this  trip. 

Nelson  and  Eddy  would  not  in  all  probability  do  anything  for  you  or 
at  your  request  without  first  being  requested  by  me  or  some  of  their  con- 
stituents from  this  state  to  do  so, either  personally  or  in  writing, and 
nope  that  you  have  not  gone  too  far  with  them. 

Yours  truly, 

C. A. Smith  Lumber  Co, 


Shortly  before  the  above  letter  was  written,  Smith  had  advised  Puter, 
who  was  preparing  to  go  to  Washington,  D.  C.,  from  Minneapolis,  to  call  on 
United  States  Senators  Nelson  and  Eddy,  of  Minnesota,  with  a  view  of 
getting  them  to  assist  in  having  the  patents  expedited  to  the  entries  in 
Township  14  S.,  Eanges  2-3-4  E.  The  telegram  received  by  Smith  from 
Kribs,  as  shown  on  the  opposite  page,  had  changed  the  complexion  of 
things,  however,  hence  Smith  preferred  to  see  the  two  Senators  personally, 
as  he  recognized  that  they  were  the  only  ones  who  could  render  any  ma- 
terial assistance  in  the  matter,  and  was  afraid  to  take  chances  on  anybody 
else  acting  as  his  agent. 


Page  311 


in  securing  personal  service 

0  f  t  h  e  complaint  upon 
the  Minneapolis  millionaire 
lumberman,  who  was  stop- 
ping   at    the    St.    Francis 
hotel  without  registering  on 
purpose  to  prevent  me  from 
obtaining  a  legal  hold  upon 
my  own  money.  As  a  bluff, 
he   made   answer   through 
counsel,  at  the  same  time 
filing  a  cross-complaint,  in 
the  effort  to   prolong  the 
proceedings    as    much    as 
possible  and  eventually  beat 
me     out     of     the     money 
altogether. 

How  I  finally  scared 
the  rascal  into  submission 
is  fully  described  in  a  pre- 
ceding chapter,  and  I  leave 
my  readers  to  judge  for 
themselves  whether  or  not 

1  was  justified  in  adopting 
such     stringent     measures, 
and   also  the  extent  o  f 
Smith's  alleged  "losses"  in 
his  dealings  with  me.  as  re- 
ferred to  in  the  course  of 
his  false  statement  to  the 
Minneapolis  Journal. 

As  a  matter  of  fact. 


The  Sequoia 's  last  stand 


Smith  has  been  involved  with  the  Government  upon  numerous  occasions,  running 
through  a  long  course  of  years,  on  account  of  his  covetous  proclivities,  and  he 
<eems  to  be  imbued  with  shoplifting  instincts  wherever  the  public  lands 
or  timber  are  concerned.  He  has  been  fined  repeatedly  for  his  offenses 
throughout  the  States  of  Minnesota,  Wisconsin  and  Michigan,  and  has  upon  more 
than  one  occasion  undertaken  to  make  scapegoats  out  of  some  unfortunate  em- 
ployes instead  of  shouldering  the  blame  himself,  as  any  honorable  man  should. 

\Yhile  the  Government  found  it  inexpedient  to  indict  Smith  on  account 
of  his  connection  with  the  Oregon  land  frauds,  by  reason  of  the  statute  of 
limitations  running  against  the  crimes,  he  failed  to  escape  that  easily  in  Minne- 
sota, although  it  does  not  appear  that  his  illegal  operations  in  the  Middle  \Ye.st 
were  any  comparison  to  what  he  \vas  guilty  of  in  Oregon.  There  is  presented 
on  page  313  the  record  of  an  indictment  that  was  returned  against  Smith  by  the 
Federal  Grand  Jury  at  St.  Paul,  Minn.,  in  1901. 

Some  sort  of  settlement  was  arranged  with  the  Government  by  Smith,  in 
connection  with  this  indictment,  whereby  he  paid  all  costs  and  hushed  the  matter 
up  with  as  little  publicity  as  possible. 

Shortly  after  I  first  became  acquainted  with  him,  on  his  invitation.  1 
accompanied  Smith  to  St.  Paul,  where  there  was  a  case  pending  in  the  Federal 
Court  against  him  for  cutting  green  timber  on  an  Indian  reservation,  where 
his  permit  called  for  the  cutting  of  "down"  or  "dead"  timber  only.  He  was  rep- 
resented by  leading  counsels  of  Minneapolis  and  St.  Paul  in  this  case,  which  had 
been  pending  against  him  for  several  years.  A  verdict  for  a  large  amount — 
some\vhere  in  the  neighborhood  of  S50.000  or  S60.000 — was  returned  against 
Smith,  \vhich  he  promptly  paid,  remarking  at  the  same  time  to  friends  that  he  was 


Page   312 


No.  2855. 

DISTRICT  COURT  OF  THE  UNITED  STATES. 

THE  UNITED  STATES, 

vs.  Indictment,  Sec.  2461,  R.  S. 

CHARLES  A.  SMITH. 

A  TRUE  BILL. 
(Signed)  ELMER  E.  ADAMS, 

Foreman. 
Filed  May  16th,  1901. 

ROBERT  G.  EVANS, 

U.  S.  Attorney. 

UNITED  STATES  OF  AMERICA,       ) 

>    ss: 
STH  Div.  DISTRICT  OF  MINNESOTA.) 

In  the  District  Court  of  the  United  States,  in  and  for  the  Division  and  District  afore- 
said, at  the  May  Term  thereof,  A.  D.  1901. 

The  Grand  Jurors  of  the  United  States,  impaneled,  sworn,  and  charged  at  the  Term 
aforesaid,  of  the  Court  aforesaid,  on  their  oath  present,  that  heretofore,  to-wit:  on  the  31st 
day  of  January,  A.  D.  1899,  in  the  County  of  Cass,  in  the  State  and  District  of  Minnesota, 
and  within  the  jurisdiction  of  this  court,  one  Charles  A.  Smith,  late  of  said  district,  then 
and  there  being,  did  wrongfully  and  unlawfully  cut  from  and  cause  and  procure  to  be  cut 
from  and  remove,  and  cause  and  procure  to  be  removed  from  certain  lands  then  and  there 
owned  by  and  the  property  of  the  United  States  of  America,  which  said  lands  are  dis- 
cribed  as  follows,  to-wit: 

Lot  5,  Section  8,  Township  137,  North,  Eange  30  West,  the  Southwest  Quarter  of 
the  Northwest  Quarter,  and  the  Northwest  Quarter  of  the  Southwest  Quarter,  and  the 
Southwest  Quarter  of  the  Southwest  Quarter,  and  the  Southeast  Quarter  of  Section  8, 
Township  137  North,  Eange  30  West,  said  lands  being  then  and  there  situate  in  said 
County  of  Cass,  in  the  State  and  District  of  Minnesota,  a  large  number  of  white  pine  and 
Norway  trees,  to-wit:  10  white  pine  trees  from  said  Lot  5,  Section  8,  Township  137  N. 
Eange  30  West,  89  Norway  pine  trees  from  the  Southwest  Quarter  of  the  Northwest 
Quarter  of  Section  8,  Township  137  North,  Eange  30  West,  84  Norway  pine  trees  from  the 
Northwest  Quarter  of  the  Southwest  Quarter  of  Section  8,  Township  137  North,  Eange 
30  West,  87  Norway  pine  trees  from  the  Southwest  Quarter  of  the  Southwest  Quarter  of 
Section  8,  Township  137  North,  Eange  30  West,  and  500  Norway  pine  trees  from  the 
Southeast  quarter  of  said  Section  8,  in  Township  137  North,  Eange  30  West,  which  said 
trees  were  of  the  aggregate  value  of  Five  Hundred  and  Seventy-Seven  Dollars  and  Fifty 
Cents  ($577.50),  all  of  which  said  trees  were  then  and  there  growing  upon  the  land  herein- 
before described,  with  the  intent  then  and  there  had  and  entertained  by  him,  the  said 
Charles  A.  Smith,  to  use  and  emploj7  said  trees  in  a  manner  other  than  for  the  use  of  the 
navy  of  the  United  States  of  America,  to-wit:  with  the  intent  to  use  and  employ  said  trees 
for  his,  the  said  Charles  A.  Smith's  private  use  and  benefit,  contrary  to  the  form  of  the 
statute  in  such  case  made  and  provided,  and  against  the  peace  and  dignity  of  the  United 
States.  (Signed). 

MILTON  D.  PUEDY,  Assistant  United  States  Attorney. 

Names  of  witnesses   examined   before   the   Grand   Jury: 

A.  D.  Thorpe,  M.  D.  Taylor,  M.  H.  Craig,  J.  P.  Leef,  D.  J.  Jones. 

UNITED  STATES  OF  AMERICA,  ) 
DISTRICT  OF  MINNESOTA,     >    ss. 
THIRD  DIVISION.  ) 

I,  CHAELES  L.  SPENCEE,  Clerk  of  the  United  States  District  Court,  for  the 
District  of  Minnesota,  do  hereby  certify  that  I  have  carefully  compared  the  copy,  attached 
to  this  certificate,  with  its  original,  which  is  in  my  custody  as  such  Cierk,  and  that  the 
said  copy  is  a  full,  true  and  correct  transcript  from  such  original  and  of  the  whole  thereof, 
and  of  the  endorsements  thereon. 

IN  TESTIMONY  WHEEEOF,  I  have  hereunto  set  my  official  signature  as  the 
Clerk  aforesaid  and  affixed  the  seal  of  said  Court  at  St.  Paul  in  the  Third  Division  of 
said  District  this  30th  day  of  December,  A.  D.  1904. 

(Seal)  (Signed)  CHAELES  L.  SPENCEE,  Clerk. 

U.  S.  District  Court 

Seal, 

Third  Division, 
Dist.    of    Minnesota. 

Page    313 


getting  off  easily,  as  he  had  had  the  use  of  the  money  involved  in  the  stolen 
timber  for  a  sufficient  length  of  time  to  more  than  reimburse  him  for  the  outlay. 

There  is  also  a  record  of  a  proceeding  in  the  United  States  Circuit 
Court  for  the  District  of  Minnesota.  4th  Division,  wherein  a  Minneapolis  Court 
imposed  a  fine  of  $3,244.12  against  the  C.  A.  Smith  Lumber  Company  a  feu- 
years  ago  on  account  of  a  flagrant  timber  trespass,  and  this  fine  was  likewise 
paid  without  much  ceremony. 

If  I  felt  so  inclined  I  could  dig  up  innumerable  instances  where  the 
avariciousness  of  this  would-be  saint  has  played  ar  important  part  in  the  drama 
of  depredation,  but  I  think  enough  has  already  been  presented  to  more  than  sat- 
isfy any  unbiased  mind  that  Smith  was  simply  playing  to  the  galleries  when  he 
undertook  to  set  himself  upon  a  pedestal  of  righteousness  in  the  course  of  his 
interview  with  the  Minneapolis  Journal. 

Instead  of  being  a  loser  to  the  extent  of  SI 50.000  or  S2CKXOOO,  through 
his  dealings  with  me,  Smith  has  profited  to  the  extent  of  several  millions,  and 
had  he  not  been  so  greedy,  and  overcome  with  the  idea  of  preventing  me  from 
making  a  small  commission,  he  would  have  been  millions  of  dollars  better  off  still. 


The  happy  family 


Page   314 


Chapter  XX 


A  few  pertinent  facts  connected  zvith  Oregon  State  School  Lands,  which  have 
a  tendency  to  throw  considerable  light  on  the  inner  workings  of  one 
system  of  plunder  slightly  out  of  the  ordinary — Indemnity  selections  are 
shown  to  be  a  favorite  method  of  operation,  and  the  "School  Land  Ring" 
comes  in  for  its  share  of  attention — Governor  Pennoyer's  heart  and  the 
State  Treasury  are  touched  simultaneously  by  a  clever  ruse,  wherein  a 
bum  actor  plays  a  leading  part — Hozv  the  Hyde-Benson  gang  stole  a 
march  on  the  Oregon  "Push,"  and  got  away  with  40,000  acres  of  lieu  in 
the  Cascade  Forest  Reserve  under  their  eyes,  causing  much  zvailing  and 
gnashing  of  teeth  among  the  "faithful" — Ex-Governor  Geer  looms  up  in 
the  land  fraud  limcligJit — The  election  of  Governor  Chamberlain  marks 
the  downfall  of  the  School  Land  sharks,  and  Oswald  West  earns  an  en- 
viable reputation  as  State  Land  Agent — Puter's  explanation  of  the  State 
Indictments  against  him. 

IN  the  course  of  my  twenty  years'  experience  connected  with  the  public  domain 
of  Oregon,  I  have  devoted  considerable  attention  to  handling  State  School 
and  Indemnity  Lands.  School  Lands  comprise  the  16th  and  36th  sections 
of  every  township,  while  the  State  indemnity  lands  embrace  those  tracts  selected 
in  lieu  of  the  school  sections.,  That  is  to  say,  where  the  State  loses  any  portion 
of  a  16th  or  36th  section,  by  reason  of  appropriation  before  survey  by  a  claimant 
under  the  United  States  laws,  or  any  other  process,  it  is  entitled  to  select  an 
equivalent  area  in  lieu  thereof.  Under  the  "Donation  Claim,"  Homestead  and 
Pre-emption  laws,  actual  settlers  were  permitted  to  perfect  title  to  school  sections 
after  survey,  and  in  consequence,  nearly  all  the  16th  and  36th  sections  in  the 
Willamette,  Umpqua  and  Rogue  River  valleys  have  been  acquired  in  this  manner. 
The  State  Land  Office  of  Oregon,  as  at  present  constituted,  was  created 
by  an  Act  of  the  Legislature  in  1887,  at  which  time  the  Secretary  of  State 
ceased  to  be  the  keeper  of  its  records,  .an  officer  technically  known  as  the  "Clerk 
of  the  Board  of  Commissioners  for  the  Sale  of  School  and  University  Lands," 
being  made  the  practical  head  of  the  institution.  Now  the  law  creating  the  office 
of  Clerk  of  the  State  Board  made  him  the  keeper  of  its  records,  the  conductor 
of  its  correspondence,  and  required  him  to  give  bonds,  as  well  as  subscribe  to 
an  oath  to  "faithfully  perform  the  duties  of  his  office;"  and  while  the  Act  of 
1887  did  not  specifically  require  the  Clerk  of  the  Board  to  furnish  basis  for  lieu 
land  applicants,  it  was  evidently  within  the  purview  of  the  law  that  he  should 
answer  such  questions  as  might  be  put  to  him  concerning  matters  of  record  in 
his  office  by  persons  wishing  to  purchase  lands  from  the  State.  So,  as  a  matter 
of  fact,  the  law  of  1887  demanded  that  the  applicant  to  purchase  lieu  land 
should  "state  in  his  application  designating  the  loss  to  the  State  the  16th  and  36th 
section  or  fractional  township  in  lieu  of  which  the  land  is  to  be  taken."  In 
other  words,  he  could  not  buy  any  indemnity  land  until  he  had  named  its 
base,  and  as  no  citizen  of  the  State,  with  the  exception  of  the  Clerk,  was 
accorded  access  to  these  records,  they  had  no  way  of  ascertaining  where  a 
deficit  existed. 

For  several  years  following  the  passage  of  the  Act  of  1887,  there  was  a 
great  deal  of  speculation  in  lands,  and  especially  in  connection  with  fine  tracts 
of  Oregon  timber.  Timber  land  could  be  obtained  under  the  Act  of  June  3,  1878, 
at  $2.50  an  acre,  but  the  price  of  the  same  character  of  lands  purchased  from  the 
State  was  equivalent  to  but  one-half  that  amount,  and  in  addition,  the  applicant 

Page   315 


\vas  permitted  to  purchase  320  acres,  as  against  160  acres  under  the  Timber 
and  Stone  Act  of  the  United  States,  and  allowed  deferred  payments  besides.  Such 
advantage  naturally  amounted  to  a  great  inducement  to  buy  from  the  State.  The 
School  Land  Commissioners  consisted  of  the  Governor,  Secretary  of  State  and 
State  Treasurer.  The  price  of  State  Lands  is  fixed  by  legislative  enactment. 

In  1890,  learning  that  a  great  many  different  tracts^  were  being  selected 
by  the  State  as  indemnity,  and  afterwards  transferred  to  timber  land  operator-. 
I  concluded  to  make  a  trip  to  the  State  Land  Office  at  Salem  with  a  view  of 
ascertaining  the  methods  of  acquiring  title  under  the  State  indemnity  laws.  At 
that  time  the  School  Land  Board  consisted  of  Governor  Sylvester  Pennoyer, 
Secretary  of  State  George  \Y.  McBride  (later  elected  United  States  Senator 
from  Oregon),  and  State  Treasurer  G.  W.  \Yebb.  Napoleon  Davis  was  chief 
clerk  of  the  Land  Office.  Upon  inquiry,  I  found  out  that  all  persons  over  the 
age  of  18,  married  or  single,  and  residents  of  the  State  of  Oregon,  who  had  not 
already  exhausted  their  right  to  take  up  school  lands,  were  entitled  to  make 
application  for  320  acres,  and  receive  a  certificate  of  purchase  upon  payment 
of  one-third  the  purchase  price  of  $1.25  an  acre.  The  deferred  payments  were 
provided  for  in  the  shape  of  two  notes,  payable  in  one  and  two  years  respectively, 
and  drawing  10  per  cent  interest  per  annum. 

The  form  of  application  was  very  brief,  the  only  requirements  being  that 
the  applicant  should  state  in  the  affidavit  that  he  was  over  the  age  of  18  and  a 
citizen  of  the  United  States :  that  the  proposed  purchase  was  for  his  own  benefit, 
and  not  for  the  purpose  of  speculation :  that  he  had  not  directly  or  indirectly 
made  any  previous  purchase  of  land  from  the  State  of  the  kind  described,  nor 
had  any  one  for  him,  which,  together  with  that  sought  to  be  purchased,  exceeds 
320  acres ;  that  he  had  made  no  contract  or  agreement,  expressed  or  implied,  for 
the  sale  or  disposition  of  the  land  applied  for.  in  case  he  was  permitted  to  pur- 
chase the  same,  and  that  there  was  no  valid  claim  thereto.  The  applicant  was  not 
required  to  inspect  the  land,  nor  appear  at  the  land  office.  Under  powers  of 
attorney,  any  number  of  applications  could  be  filed  by  one  person,  who  would  be 
entitled  to  receipt  for  the  certificates  of  purchase  or  deeds  to  the  various  tracts 
in  the  name  of  the  original  applicant.  A  blank  assignment  accompanied  each 
certificate  of  purchase,  allowing  the  applicant  to  assign  to  whomsoever  he 
chose,  and  this  assignee  could  get  a  deed  from  the  State  in  his  own  name  the 
same  as  though  he  were  the  original  purchaser. 

By  this  process,  several  thousand  acres  could  be  secured  by  one  person. 
The  system  looked  good  to  me,  so  I  concluded  to  round  up  a  lot  of  applicants 
accordingly,  and  have  them  make  blank  assignments  to  me  of  all  their  interests 
in  the  lands,  in  order  that  the  deeds  could  be  issued  directly  to  me  in  due  time. 
Napoleon  Davis,  the  Clerk  of  the  Board,  had  educated  me  to  a  certain  extent 
relative  to  the  manner  of  procedure  in  acquiring  title  to  these  lands  the  first  day 
I  made  his  acquaintance,  but  he  had  failed  to  teach  me  fully  upon  the  subject. 
I  labored  under  the  impression  that  in  applying  for  an  indemnity  State  selection. 
all  that  was  necessary  would  be  to  hand  in  the  applications  to  the  Clerk  of  the 
Land  Board  and  he  would  supply  whatever  basis  was  required.  Much  to  my 
surprise,  when  I  appeared  before  him  with  ten  applications  embracing  320  acres 
each.  I  was  met  with  the  assurance  from  Mr.  Davis  that  it  wrould  be  necessary 
for  me  to  designate  the  basis  myself.  I  had  already  paid  $25  to  each  applicant 
for  his  right,  and  therefore  felt  considerably  upset  when  met  with  this  proposi- 
tion, as  I  did  not  know  how  or  where  to  find  the  necessary  basis  any  more  than 
the  man  in  the  moon. 

At  this  point  Davis  kindly  came  to  my  rescue  by  informing  me  that  one 
E.  P.  McCornack,  of  Salem,  was  engaged  in  the  business  of  furnishing  basis  for 
selections  of  this  character,  and  that  for  a  certain  consideration,  I  could  have 
all  I  wanted.  It  seems  McCornack  was  Davis'  predecessor,  having  held  the 
position  of  Clerk  of  the  Land  Board  from  March  15,  1878,  to  January  31,  1887. 
and  during  that  period  had  made  hay  while  the  sun  shone,  as  he  possessed  a  set 

Page    316 


of  records  exhibiting  a  full  and  complete  list  of  all  indemnity  due  the  State 
from  the  United  States  by  reason  of  loss  to  the  school  sections  in  various  town- 
ships. Upon  inquiry,  McCornack  informed  me  that  his  charges  for  this  "lieu" 
was  $1.25  an  acre,  making  the  cost  of  State  selections  under  the  indemnity  system 
$2.50  an  acre.  The  whole  thing  impressed  me  as  a  graft,  pure  and  simple,  with 
Napoleon  Davis  standing  in  with  McCornack  on  the  deal ;  but  as  I  wanted  the 
lands,  I  paid  the  extra  $1.25  an  acre  without  murmuring,  and  was  given  the  cer- 
tificates of  purchase  by  McCornack  after  the  selections  had  been  made  through 
him. 

This  system  of  procuring  timber  lands  worked  like  a  charm,  from  a  finan- 
cial point  of  view  as  well  as  avoiding  the  possibility  of  contact  with  the  Govern- 
ment in  connection  with  the  Homestead,  Pre-emption,  or  Timber  and  Stone  Acts, 
notwithstanding  the  fact  that  I  felt  I  had  been  gulled  by  McCornack.  Before 
leaving  his  office  I  ascertained  that  the  latter  held  a  close  monopoly  upon  all  the 
available  base  in  the  State,  and  that  it  was  useless  to  try  and  do  business  along 
those  lines  without  paying  his  toll.  In  this  he  was  greatly  aided  by  Clerk  Davis, 
who  insisted  that,  inasmuch  as  he  had  kept  no  records  of  the  indemnity  lands,  he  had 
no  idea  as  to  the  quantity  thereof  due  the  State  by  the  Government.  This  seemed 
rather  "raw"  to  me,  so  I  determined  to  make  a  personal  examination  of  the 
records  with  a  view  of  ascertaining  how  much  base  was  left. 

Within  a  very  short  time  I  unearthed  several  thousand  acres  of  available 
base  in  the  Klamath  Indian  Reservation.  Securing  enough  applications  to  cover 
this  amount,  I  designated  it  as  the  basis  of  my  selections,  and  requested  Clerk 
Davis  to  file  my  applications.  At  this  I  was  met  by  his  assurance  that  while  the 
base  indicated  had  not  been  used,  there  were  a  sufficient  number  of  applications 
on  file  in  the  office  to  exhaust  the  same.  Upon  examining  the  applications  in 
question,  I  discovered  that  they  were  mere  "dummy"  applications  filed  by  Mc- 
Cornack to  cover  up  the  base.  Going  still  further  into  the  matter,  I  ascertained 
that  McCornack  had  been  playing  this  game  since  the  Act  of  1887  was  passed, 
practically  running  the  State  Land  Office  of  Oregon  in  pretty  much  the  same 
fashion  as  that  pursued  by  Hyde  and  Benson  with  the  State  Land  Office  of 
California.  It  appeared  that  Davis  was  a  mere  tool  in  the  hands  of  McCornack. 

So  many  complaints  came  to  the  Land  Board  about  Davis,  in  fact,  that  on 
on  August  1,  1891,  he  was  removed  from  office,  and  George  W.  Davis  appointed 
to  the  vacancy.  Just  before  being  ousted,  however,  Napoleon  Davis  persuaded 
the  State  Land  Board  to  issue  an  order  requiring  all  applicants  for  unsurveyed 
school  sections  to  deposit  with  the  Clerk  of  the  Land  Office  one-third  of  the 
purchase  price  on  agricultural  lands,  and  one-half  on  timber  lands.  At  that 
time  there  were  applications  of  this  character  on  file  aggregating  fully  200,000 
acres,  upon  which  no  cash  deposit  had  been  made.  Immediately  after  the  Board 
had  made  this  order,  Davis  notified  all  applicants  to  either  pay  up  within  thirty 
days  or  else  suffer  the  cancellation  of  their  applications.  The  result  was  that 
upward  of  $100,000  was  deposited  with  the  clerk  within  the  period  specified. 
This  money  was  not  deposited  in  the  State  Treasury,  however,  as  the  law  provides, 
but  instead  was  transferred  to  McCornack's  private  bank  in  Salem,  Davis  giving 
his  personal  receipt  therefor. 

Upon  his  retirement  as  Clerk  of  the  Land  Board,  Napoleon  Davis  estab- 
lished an  office  in  McCornack's  bank,  and  acted  as  attorney  for  the  applicants, 
securing  the  issuance  of  deeds  and  certificates  from  the  State  for  considerable 
land.  As  I  had  filed  some  forty  or  fifty  applications  myself  on  unsurveyed 
School  tracts,  and  being  desirous  of  procuring  title  to  them,  I  consulted  Napoleon 
Davis  relative  to  his  charges  on  each  quarter  section,  and  was  assured  that  it 
would  amount  to  $10  in  each  case.  Regarding  this  as  another  hold-up  proposi- 
tion, I  concluded  to  see  George  W.  Davis,  and  endeavor  to  obtain  title  without  the 
aid  of  Napoleon.  The  Clerk  of  the  Land  Board  declined  to  have  anything  to  do 
with  the  applications,  claiming  that  Napoleon  was  attending  to  them,  and  that  I 
would  have  to  deal  with  him.  After  negotiating  with  the  latter  for  quite  a  while, 

Page    317 


Ex-United  States  Senator  George  W.  McBride,  of  Oregon 


in  the  endeavor  to  induce  him  to  take  my  cases  at  half  price,  or  $5  per  quarter 
section,  and  failing  to  do  so,  I  called  upon  Secretary  of  State  George  W  McBride, 
and  explained  the  situation  to  him.  No  sooner  had  McBride  become  aware  of 
what  was  going  on  than  he  sent  for  Clerk  Davis  and  demanded  an  explanation, 
with  the  result  that  it  was  ascertained  that  certificates  and  deeds  had,  without 
authority,  been  issued  by  the  State  to  fully  20,000  acres  of  unsurveyed  school 
lands.  The  Secretary  of  State  thereupon  laid  the  matter  before  the  next  meeting 
of  the  School  Land  Board,  and  in  consequence  an  order  was  made  by  that  body 
instructing  the  Clerk  not  to  issue  any  more  titles  of  this  character.  This  ruling 
proVed  disastrous  not  only  to  Napoleon  Davis,  but  to  myself,  as  it  prohibited  me 
from  obtaining  this  prima  facie  evidence  of  title  to  about  8,000  acres  of  unsur- 
veyed school  lands,  besides  cutting  Napoleon  Davis  out  of  his  graft  in  the  shape 
of"$10  fees. 

At  all  events,  the  remaining  applications  together  with  the  money  deposited 
thereon,  continued  in  the  possession  of  Napoleon  Davis,  who  seemed  to  have 
been  well-named,  so  far  as  his  financial  ability  was  concerned.  When  the  land 
upon  which  these  applications  had  been  filed  were  surveyed  by  the  Government, 
it  was  found  in  almost  every  instance  that  there  was  an  actual  settler  upon  each 
tract  of  school  land,  and  as  these  claimants,  under  the  United  States  laws  had  a 
preference  right  for  ninety  days  after  the  approval  of  the  survey  in  which  to  ini- 
tiate their  claims,  the  State  applicant  was  left  out  in  the  cold,  and  whatever  titles 
were  procured  through  Napoleon  Davis  were  absolutely  valueless.  All  the  applicant 
could  do  under  the  circumstances  was  to  surrender  his  receipt  to  the  Clerk  of  the 
Land  Board,  who  would  refund  the  amount  paid  thereon,  while  those  who  had 
failed  to  secure  certificates  were  obliged  to  look  to  Napoleon  Davis  for  their 
money.  A  large  percentage  of  this  money  remained  in  McCornack's  bank  for  a 
number  of  years,  and  I  venture  that  several  thousand  dollars  are  still  there,  for 
the  reason  that  the  applicant  had  either  left  the  country  or  lost  his  receipt.  Their 
applications,  never  having  been  filed  in  the  State  Land  Office,  were  without  legal 
standing,  consequently  the  only  available  recourse  for  the  applicant  placed  in 
this  position  was  to  quietly  submit  to  the  loss  of  his  money. 

In  a  preceding  chapter  mention  is  made  of  the  fact  that  during  the  Winter 
and  Spring  of  1891  and  1892,  \Villard  N.  Jones  and  myself  undertook  to  make  an 
abstract  of  the  State  indemnity  lands  with  a  view  of  determining  the  amount  of 
basis  the  State  was  yet  entitled  to.  The  idea  occurred  to  us  at  that  time,  because 
of  the  removal  of  Napoleon  Davis  from  office,  and  the  appointment  of  George  Wr. 
Davis  to  succeed  him,  that  the  latter,  being  unacquainted  with  the  duties  of  the 
office,  would  be  an  easy  mark.  We  reasoned  that  there  was  a  chance  for  us  to  get 
in  and  break  up  McCornack's  monopoly  on  the  sale  of  State  lieu.  Our  deductions 
proved  correct,  as  we  won  George  W.  Davis  over  in  short  order  by  agreeing  to 
whack  up  with  him  on  the  commissions  derived  from  the  sale  of  this  basis.  In 
consequence  Napoleon  Davis  and  McCornack  were  shut  out  completely  from  gain- 
ing control  of  any  new  basis  that  had  not  already  been  gobbled  up  by  them. 

Our  work  in  this  connection  occupied  something  like  three  months,  during 
which  period  we  made  a  complete  search  of  the  State  Land  Office  records.  This 
investigation  revealed  the  fact  that  shortly  after  the  Act  of  1887  went  into  effect, 
the  Umatilla  Indian  Reservation  was  thrown  open  for  the  selection  of  basis* 
and  16,980.03  acres  had  been  used  therein;  that  in  1888  the  Klamath  Reservation 
\vas  ready,  and  the  lieu  sharks  got  63.011.94  acres  from  that  source;  in  1889  the 
Grand  Ronde  Reservation  afforded  them  6,065.14  acres  more,  and  in  the  same 
year  the  Siletz  Reservation  became  ripe,  with  an  additional  10,864.14  acres. 
Then  in  1891  the  Warm  Springs  Reservation  yielded  36,643.66  acres,  making 
in  the  aggregate  the  snug  amount  of  133,564.91  acres  of  basis,  for  which  lieu 
land  purchasers  were  mulcted  to  the  probable  extent  of  $250,000  for  services 
which  under  the  present  management  of  State  lands  would  not  have  cost  them  a 
cent,  according  to  the  first  biennial  report  of  State  Land  Agent  T.  W.  Davenport, 
made  in  1897  to  W.  P.  Lord,  Governor  of  Oregon. 

Page    319 


There  were  other  sources  of  basis  than  those  already  referred  to,  being 
deficits  in  fractional  townships,  filings  that  had  been  made  under  the  Donation, 
Homestead  and  Pre-emption  Acts,  where  settlers  had  gone  onto  the  school  sec- 
tions prior  to  survey  of  the  township,  amounting  practically  to  20,000  acres,  and 
making  a  grand  total  of  fully  150,000  acres  in  round  numbers. 

After  an  exhaustive  research,  Jones  and  myself  managed  to  find  about 
10,000  acres  of  base  that  had  been  overlooked.  It  consisted  principally  of  frac- 
tions ranging  from  10  to  100  acres  in  different  sections  and  townships.  There 
were  probably  40,000  acres  of  the  150,000  acres  remaining  for  use  by  the  State, 
but  as  McCornack  had  "dummy"  applications  on  file  in  the  State  Land  Office 
covering  the  whole,  nobody  but  himself  was  entitled  to  use  it,  according  to  the 
peculiar  regulations  then  in  force.  Whenever  anybody  wanted  to  make  an 
indemnity  State  selection,  he  was  compelled  to  pay  tribute  to  McCornack  to  the 
extent  of  from  SI. 25  to  S2.50  an  acre,  according  to  quantity  desired,  and  in  this 
manner  the  lieu  land  shark  profited  to  the  extent  of  about  $250,000. 

Jones  and  I  continued  to  deal  in  State  indemnity  until  friction  arose  be- 
tween us,  and  we  dissolved  partnership.  The  trouble  was  caused  by  Jones 
insisting  on  paying  Clerk  Davis  50  cents  an  acre  on  all  lands  selected  by  us.  He 
had  conceived  the  idea  that  there  were  great  possibilities  of  securing  large 
quantities  of  additional  base  through  the  creation  of  new  reservations  within 
the  State,  and  by  taking  Davis  in  as  a  full-fledged  partner,  we  could  monopolize 
the  whole  indemnity  land  business,  thus  shutting  out  McCornack,  Jack  D'Arcy 
and  W.  T.  Rader  completely,  they  being  the  only  ones  aside  from  ourselves  opera- 
ting in  State  lieu  lands.  I  objected  to  paying  Davis  such  a  large  commission, 
and  besides  I  considered  it  rather  doubtful  about  our  ability  to  shut  McCornack 
out.  To  adopt  such  a  course,  in  my  judgment,  was  liable  to  result  in  shutting 
us  all  out  of  the  State  Land  Office,  as  the  others  were  not  likely  to  quietly  submit 
to  any  such  proposition.  Jones,  however,  did  not  agree  with  me.  and  declared 
that  rather  than  jeopardize  his  personal  interests,  he  would  prefer  to  go  it  alone. 
The  fact  of  the  matter  is,  that  Jones  simply  adopted  this  as  a  subterfuge  to  get 
rid  of  me,  as  himself  and  Davis  had  a  clear-cut  understanding  that  when  this 
was  done  they  wrould  operate  together  independently  of  me. 

From  this  time  on  I  had  to  fight  for  everything  I  wanted  to  get  through 
the  State  Land  Office,  as  Davis  blocked  me  at  every  possible  turn.  However,  I 
managed  to  hold  my  own.  and  succeeded  in  getting  away  with  most  of  the  basis 
in  cases  where  homestead  and  pre-emption  filings  had  been  made  on  school 
sections.  As  a  great  many  settlers  had  located  on  these  tracts  before  survey.  I 
generally  kept  a  close  tab  on  the  surveys,  and  as  soon  as  the  township  was  thrown 
open  to  entry,  would  make  it  my  business  to  see  that  the  settler  filed  either  a 
homestead  or  pre-emption  on  his  claim.  As  soon  as  this  was  done,  the  State 
was  intitled  to  indemnity  for  the  loss  thus  sustained. 

The  rule  in  vogue  at  the  State  Land  Office  in  those  days  was  that  the  first 
applicant  for  this  base  was  entitled  to  its  use.  The  information  that  the  base  was 
subject  to  use  usually  came  in  the  form  of  a  telegram  from  the  local  United 
States  Land  Office  where  the  homestead  or  pre-emption  claim  had  been  filed. 
This  system  resulted  in  much  confusion,  there  always  being  considerable  rivalry 
to  see  who  was  entitled  to  use  the  base.  By  way  of  illustration,  I  will  cite  an 
instance  to  show  how  the  thing  was  worked. 

When  the  time  came  for  certain  townships  to  be  thrown  open  for  entry,  I 
would  arrange  with  some  local  attorney  in  the  district  where  the  land  was  situa- 
ted to  attend  to  the  filing  of  the  different  claims.  After  doing  so  he  would  im- 
mediately wire  me  at  Salem  the  particular  tract  covered  by  the  homesteader  or 
pre-emption  claim.  There  were  always  a  lot  of  land  attorneys  hanging  around 
the  various  United  States  Land  Offices,  and  some  of  them  would  have  a  similar 
arrangement  with  Jack  D'Arcy  and  McCornack.  one  of  whom  would  be  stationed 
at  the  telegraph  office  in  Salem  awaiting  the  notice.  As  a  rule  D'Arcy  would  post 
himself  in  the  Western  Union  Office,  while  I  patronized  the  Pacific-Postal.  At 

Page    320 


that  time  William  Dumars,  who  is  now  superintendent  of  the  Western  Union  at 
Sacramento,  California,  was  the  manager  for  the  same  institution  at  Salem,  and 
likewise  chief  operator. 

The  messages  announcing  the  filings  were  sent  in  duplicate  from  the  local 
land  office,  as  the  Register,  before  whom  the  filings  were  made,  would  imme- 
diately after  swearing  the  entryman  to  the  filing  papers  give  a  copy  of  the  tele- 
gram to  the  representative  of  each  contending  faction,  which  was  the  signal  for 
a  wild  scramble  for  the  telegraph  offices.  For  some  reason  or  other,  D'Arcy 
generally  managed  to  get  his  dispatch  a  few  seconds  ahead  of  me.  I  have  always 
fancied  that  it  was  because  Dumars  was  a  better  operator  than  his  competitor, 
and  handled  the  message  faster.  At  any  rate,  it  gave  D'Arcy  a  good  lead,  and  as 
we  usually  secured  the  fleetest  saddle-horses  in  town  and  our  course  led  through 
the  main  street  from  the  two  telegraph  offices  to  the  .State  Capitol  building,  about 
one  mile  distant,  it  was  better  than  the  Suburban  or  Brooklyn  Handicap  to  watch 
the  outcome.  Each  contest  of  this  character  involved  a  stake  of  from  $1,000  to 
$3,000,  as  there  were  always  from  four  to  eight  entries  made  at  the  same  time  in 
the  United  States  Land  Office.  As  we  would  race  at  breakneck  speed  through 
the  principal  streets,  we  could  perceive  frightened  faces  peering  from  behind  the 
window  curtains  of  the  residences  passed  in  our  mad  flight,  the  inmates  evidently 
suspecting  that  a  raid  had  been  made  upon  Ladd  &  Bush's  bank,  and  that  the 
robbers  were  making  their  escape  to  the  mountains.  Although  D'Arcy  usually 
got  the  start  of  me  I  generally  beat  him  to  the  office,  but  it  was  frequently  nip 
and  tuck  all  the  way. 

Obtaining  title  to  timber  land  under  the  school  indemnity  system  became 
more  popular  as  its  merits  were  made  known,  consequently  this  kind  of  basis 
was  soon  in  great  demand.  The  forest  reserve  lieu  land  Act  had  not  then  gone 
into  effect,  and  as  Valentine  Scrip,  Sioux  half-breed  scrip,  and  military  bounty 
and  land  warrants  of  every  description  were  held  at  prohibitive  figures,  the  fact 
that  the  State  lieu  selections  could  be  made  at  such  a  comparatively  low  price, 
and  answered  the  same  purpose,  appealed  to  those  who  wished  to  secure  large 
bodies  of  timber  throughout  Oregon.  In  addition  to  its  right  to  select  lands  in 
lieu  of  tracts  lost  in  the  different  Indian  reservations,  lakes,  rivers,  fractional 
townships,  and  homestead  and  pre-emption  filings  on  school  sections  before  sur- 
vey, the  State  was  granted  indemnity  for  school  sections  shown  to  be  mineral  in 
character,  even  though  they  had  not  been  returned  as  such  at  the  time  of  the 
approval  of  the  official  survey  of  the  township  by  the  United  States  Surveyor- 
General. 

Grasping  this  phase  of  the  situation,  I  obtained  authority  from  the  State 
Land  Board  to  adjudicate  on  a  number  of  school  sections  in  Eastern  Oregon  at 
my  own  expense  with  a  view  of  determining  the  mineral  character  thereof,  it 
being  understood  that  I  was  to  be  allowed  the  use  of  the  basis  on  all  such  sections 
that  I  succeeded  in  having  returned  as  mineral.  The  process  of  determining 
the  mineral  character  of  these  lands,  in  vogue  with  the  General  Land 
Office,  contemplated  the  posting  of  notices  upon  each  legal  subdivision  of  the 
ground;  the  insertion  of  an  advertisement  for  a  period  of  thirty  days  in  some 
paper  nearest  the  land  to  the  effect  that  a  hearing  was  to  be  held  before  the 
United  States  Land  Office  on  a  certain  date  for  the  purpose  of  determining  the 
mineral  character  of  the  land,  and  the  sworn  testimony  of  two  or  more  competent 
witnesses  that  they  had  been  acquainted  with  the  tract  prior  to  survey,  and  knew 
that  it  was  mineral  in  character.  After  this  evidence  had  been  passed  upon  by 
the  Register  and  Receiver  it  was  transmitted  to  the  Commissioner  of  the  General 
Land  Office  at  Washington,  D.  C.,  and  if  he  considered  the  evidence  sufficiently 
competent  to  sustain  the  mineral  claim,  the  lands  selected  in  lieu  thereof  could 
be  listed  to  the  State.  This  adjudicating  process  proved  to  be  a  successful  ven- 
ture, from  a  financial  standpoint,  as  it  cost  but  twenty-five  cents  an  acre,  while 
the  basis  was  worth  from  $1.25  to  $2  per  acre.  As  the  school  sections  thus 
acted  upon  were  invariably  utterly  worthless  for  any  purpose,  and  it  was  hardly 

Page   321 


likely  that  they  would  ever  be  applied  for,  the  State  profited  greatly  by  the 
exchange,  and  as  usual  the  Government  got  the  worst  of  it.  During  the  two 
years  that  I  was  engaged  in  the  business  of  adjudicating  these  mineral  lands,  I 
succeeded  in  having  about  40.000  acres  so  returned,  while  W.  T.  Rader  got 
through  about  30,000  acres  in  the  same  way.  ., 

There  was  such  a  demand  for  school  land  base  at  that  time  that  every 
available  acre  was  exhausted,  and  those  engaged  in  the  business  \vere  put  to 
their  wit's  end  to  supply  more  lieu.  The  "School  Land  Ring,"  composed  of 
McCornack,  D'Arcy,  Rader,  Jones  and  myself,  finally  conceived  the  idea  of  estab- 
lishing an  immense  forest  reserve  in  the  Cascade  range  of  mountains,  upon  the 
theory  that  the  State  would  be  entitled  to  indemnity  for  all  the  unsurveyed  school 
sections  within  the  limits  of  the  proposed  reserve.  Acting  upon  this  belief,  a 
fund  of  about  $1400  was  subscribed  by  those  interested,  \vhich  was  to  be  devoted 
to  the  expenses  incident  to  preliminary  steps.  \Ye  had  an  elaborate  map  made 
of  the  country  that  was  proposed  to  be  withdrawn,  indicating  that  its  boundaries 
extended  along  the  Cascade  range  from  one  end  of  the  State  to  the  other,  and 
embraced  a  strip  about  30  or  40  miles  in  width.  This  map  indicated  that  there 
were  fully  195,000  acres  of  unsurveyed  school  sections  within  the  proposed 
reserve,  for  which  the  State  would  be  entitled  to  indemnity. 

We  then  engaged  the  services  of  Will  G.  Steel,  of  Portland,  giving 
him  the  map  and  all  other  data  at  our  command,  and  started  him  back  to  Wash- 
ington  for  the  purpose  of  promoting  the  establishment  of  the  reserve.  He  was 
successful  in  the  undertaking,  and  we  soon  had  the  satisfaction  of  knowing 
that  the  now  famous  Cascade  Forest  Reserve  was  upon  a  firm  basis.  Our  attor- 
ney in  Washington  kept  us  apprised  of  the  situation,  and  we  were  notified  fully 
ten  days  in  advance  that  it  was  President  Cleveland's  intention  to  sign  the  proc- 
lamation creating  the  reserve.  We  took  advantage  of  this  information  to  procure 
enough  "dummy"  applications  to  cover  every  available  school  section  within  the 
reserve,  and  these  we  were  prepared  to  file  with  the  Clerk  of  the  Land  Board  as 
soon  as  we  received  word  that  the  President  had  signed  the  proclamation.  Upon 
receipt  of  this  intelligence  by  wire,  the  Clerk  of  the  Land  Board  submitted  a 
selection  list  of  a  few  hundred  acres  to  Governor  Pennoyer  as  a  "feeler,"  but  he 
had  been  laying  for  us,  and  refused  absolutely  to  sign  the  list,  at  the  same  time 
notifying  Clerk  Davis  not  to  receive  or  file  a  single  application  for  any  tract 
based  upon  Cascade  Forest  Reserve  indemnity,  and  stating  further  that  it  was 
his  intention  to  have  a  bill  introduced  before  the  next  Legislature  raising  the 
price  of  all  school  indemnity  lands  to  $10  an  acre. 

The  vigorous  stand  taken  by  the  executive  was  a  body  blow  to  the  school 
land  ring,  for  \fe  had  figured  upon  making  an  enormous  "killing"  in  connection 
with  the  sale  of  the  195,000  acres  of  base  existing  within  the  limits  of  the  proposed 
reserve,  there  being  a  profit  of  from  $1.50  to  $2.50  an  acre  thereon.  However,  we 
did  not  lose  all  hope,  but  concluded  to  wait  a  fe\v  months  until  the  Legislature 
met.  when  we  could  resort  to  the  same  methods  that  had  so  often  proven  suc- 
cessful upon  former  occasions — work  the  "third  house"  for  all  it  was  worth 
in  the  effort  to  prevent  any  change  in  the  price  of  school  indemnity  lands. 

Pennoyer's  term  as  Governor  expired  in  January,  1895,  and  in  his  final 
message  to  the  Legislature,  he  made  a  strong  plea  for  his  pet  measure.  The 
school  land  ring  attended  the  session  of  lawmakers  in  a  body,  and  exerted  every 
effort  to  defeat  any  bill  affecting  prices  of  these  lands  to  our  detriment.  Several 
measures  were  introduced,  raising  the  price  all  the  way  from  $5  to  $10  an  acre. 
but  the  ring  succeeded  in  holding  the  price  down  to  $2.50  an  acre,  provided  for  in 
a  bill  introduced  by  the  late  John  D.  Daly,  Surveyor-General  for  Oregon  at  the 
time  of  his  death  recently. 

It  was  at  this  session  that  the  office  of  State  Land  Agent  was  created.  The 
reorganized  State  Land  Board  consisted  of  Governor  William  P.  Lord,  Secretary 
of  State  H.  R.  Kincaid  and  State  Treasurer  Philip  Metschan.  Sr.  Ex-State  Sen- 
ator T.  W.  Davenport,  of  Silverton,  (father  of  Homer  Davenport,  the  noted 

Page    322 


T.  W.  Davenport,  who  earned  an  enviable  reputation  as  State 

Land  Agent  of  Oregon.      Mr.  Davenport  is  father  of 

Homer  Davenport,  the  celebrated  cartoonist 


cartoonist),  was  named  as  State  Land  Agent.  He  was  one  of  the  early  settlers 
of  Oregon,  had  occupied  many  prominent  positions  of  trust,  was  known  as  a 
man  of  strict  integrity,  and  as  one  of  the  most  upright  in  the  State.  No  sooner 
had  he  entered  upon  the  duties  of  his  office,  than  he  proceeded  to  make  selections 
of  land  in  lieu  of  the  school  sections  embraced  in  the  newly-created  Cascade 
Forest  Reserve.  There  was  a  provision  in  the  Daly  law  tK£t  all  land  in  lieu  of 
sections  16  and  36  should  be  withdrawn  from  sale  for  a  period  of  two  years,  and 
by  a  singular  oversight,  the  Legislature  failed  to  make  any  appropriation  for 
meeting  the  expenses  of  the  Land  Board.  This  left  the  Land  Agent  without  any 
salary  or  traveling  expenses  necessary  in  perfecting  title  to  State  indemnity 
selections. 

This  fact  did  not  deter  Mr.  Davenport  from  performing  his  duties,  how- 
ever. The  educational  interests  of  the  State  were  at  stake,  and  as  neither  the 
Governor,  Secretary  of  State  nor  any  other  official  had  the  power  to  reimburse 
him  for  any  outlay,  Davenport  conceived  an  idea  of  his  own  on  the  subject.  He 
secured  the  adoption  of  a  rule  by  the  State  Land  Board  to  the  effect  that  those 
making  State  indemnity  selections  should  forward  their  applications  to  the  Land 
Agent,  designating  the  tract  desired,  accompanied  by  a  fee  of  fifty  cents  an  acre, 
together  with  $2  on  each  quarter  section  as  fees  at  the  United  States  Land  Office, 
it  being  stipulated  that  the  Agent  should  make  the  selection  and  at  the  expiration 
of  two  years,  the  time  fixed  by  law,  the  applicant  should  have  a  preference  right 
to  purchase  the  land. 

Pursuant  to  this  decision  by  the  State  Board,  a  printed  circular  of  instruc- 
tions was  issued,  and  sent  broadcast  throughout  the  State,  notifying  those  inter- 
ested of  the  conditions.  The  scheme  succeeded  beyond  all  expectation,  and  appli- 
cations for  indemnity  lands  kept  pouring  in  from  all  directions.  There  was  soon 
sufficient  funds  on  hand  to  meet  whatever  expense  attached  to  making  the  selec- 
tions, besides  enough  to  pay  the  salary  of  the  Land  Agent,  the  intention  of  the 
latter  being  to  have  the  next  Legislature  make  an  appropriation  reimbursing  him 
for  his  expenditures,  and  providing  for  the  disposition  of  the  funds  in  his  hands. 

Although  the  action  of  the  State  Land  Board  in  thus  making  provision 
for  correcting  the  omissions  of  the  Legislature  was  surrounded  with  the  best  of 
intentions,  it  soon  became  apparent  that  it  likewise  created  a  golden  opportunity 
for  the  school  land  ring  to  take  advantage  of  its  salient  features.  This  was  ac- 
complished by  process  of  "dummy"  applications  for  desirable  tracts  of  timber  in 
different  portions  of  the  State,  these  selections  being  filed  with  the  Land  Agent, 
who  would  hold  them  in  abeyance  until  the  expiration  of  the  two  years,  when  the 
selections  could  be  approved.  As  the  Daly  law  had  doubled  the  price  of  State 
School  lands,  it  might  be  inferred  that  there  was  not  much  in  it  for  the  ring,  but 
it  must  be  considered  that  in  the  meantime  there  had  been  a  great  increase  in  the 
value  of  Oregon  timber  lands,  and  this  more  than  compensated  us  for  the 
difference. 

Approximately,  the  ring  selected  40,000  acres,  and  the  State  Land  Agent 
probably  25,000  acres  more,  while  some  30,000  acres  were  required  to  amend  the 
basis  of  other  selections  that  had  previously  been  made  under  the  Napoleon  Davis 
and  George  W.  Davis  regimes,  wherein  the  basis  proved  defective.  In  other 
words,  the  State  had  given  certificates  and  deeds  to  tracts  where  the  basis  was 
bad,  and  these  had  fallen  into  the  hands  of  innocent  purchasers,  making  it  incum- 
bent upon  the  State  to  cure  the  titles. 

When  I  first  began  dealing  in  State  lands,  I  paid  $25  to  each  person  for 
his  right  in  making  application  for  320  acres.  As  I  became  more  accustomed  to 
the  business,  however,  and  learned  more  about  the  methods  of  those  who  had 
made  a  study  of  the  subject,  I  gradually  lowered  the  price,  until  finally  I  could 
obtain  all  the  "dummies"  I  wanted  for  a  glass  of  beer.  It  became  the  custom  of 
the  ring  to  extend  little  courtesies  to  the  various  members  by  "borrowing"  these 
applications — which  were  signed  and  acknowledged  before  a  notary  in  blank — so 
that  whenever  one  ran  short,  and  had  a  hurry  order  for  a  piece  of  land,  all  that 

Page    32-1 


was  necessary  was  to  fill  in  the  description  of  land,  and  the  task  was  completed. 

The  system  adopted  by  the  ring  to  secure  applicants  for  these  indemnity 
lands,  or  any  school  section,  for  that  matter,  was  rather  unique.  We  would  go 
to  some  saloon  around  town,  and  after  treating  all  hands  a  few  times,  would  get 
them  to  sign  up  a  bunch  of  applications  and  assignments  in  blank,  and  it  was  no 
material  difference  whether  they  signed  their  correct  names  or  not,  so  long  as 
a  signature  of  some  sort  was  in  evidence.  We  would  then  take  the  papers  to  a 
convenient  notary  public,  who  would  affix  his  jurat  without  the  necessity  of  the 
applicant  being  present.  The  ruling  rate  for  acknowledgments  of  this  character 
was  fifty  cents,  but  once  in  a  while  we  would  come  across  a  thin-skinned  notary 
who  would  demand  $2.50  as  a  balm  to  his  conscience.  They  were  quite  rare, 
however. 

At  the  expiration  of  the  two  years,  certificates  of  purchase  were  issued  on 
the  lands  selected  in  the  interest  of  "the  gang,"  and  handed  over  to  whomsoever 
appeared  upon  record  as  attorney  or  agent  for  the  applicant.  As  assignments  had 
previously  been  procured,  in  the  manner  designated,  all  that  was  necessary  was 
to  fill  in  the  description  of  the  land  to  correspond  with  that  embraced  in  the  State 
certificate.  It  was  an  ea'sy  matter  for  us  to  transfer  the  title  at  some  later  date 
to  whomsoever  we  chose,  who  in  turn  could  surrender  the  documents  to  the  Clerk 
of  the  Land  Board,  and  by  paying  up  the  balance  due  the  State  on  the  land, 
would  receive  a  deed  in  his  own  name  as  if  he  were  the  original  purchaser.  It 
will  thus  be  seen  that  one  person  could  secure  deeds  to  thousands  of  acres,  or 
such  quantities  of  land  as  he  had  assignments  for. 

Of  the  40,000  acres  of  mineral  sections  that  I  had  adjudicated,  12,000 
acres  were  rejected  by  the  General  Land  Office,  and  as  my  certificates  were  about 
to  be  cancelled  by  the  School  Board,  I  engaged  the  law  firm  of  Baron  &  Ward,  of 
Portland,  to  represent  me  at  the  proceedings,  with  a  view  of  securing  such^action 
that  would  permit  me  to  substitute  base  from  the  Cascade  Forest  Reserve.  My 
petition  was  turned  down  upon  the  ground  that  as  I  was  the  attorney  for  the 
different  applicants,  and  had  adjudicated  upon  the  mineral  lands  myself,  it  was 
my  place  to  find  new  base  outside  the  Cascade  Reserve.  It  was  also  alleged  that 
all  selections  in  lieu  of  the  Cascade  Reserve  were  fixed  at  $2.50  an  acre,  while  the 
selections  in  question  were  under  the  old  law  at  $1.25  an  acre. 

As  my  attorneys  failed  to  accomplish  results,  I  called  upon  "Old  Pard" 
Mays  to  see  if  he  had  any  suggestions  to  offer.  He  advised  me  that  under  the 
circumstances  I  should  employ  someone  with  sufficient  influence  with  Governor 
Lord  to  induce  him  to  sign  the  list,  and  recommended  Joseph  Simon,  of  Portland 
— afterwards  elected  United  States  Senator  from  Oregon — as  a  proper  person 
for  the  undertaking.  Taking  his  advice,  I  called  upon  Air.  Simon,  to  whom  I 
explained  the  situation  fully,  showing  how  my  selections  were  about 'to  be  can- 
celed, and  that  inasmuch  as  the  State  was  entitled  to  fully  100,000  acres  of  avail- 
able base  in  the  Cascade  Forest  Reserve,  it  was  no  more  than  right  for  the  Gov- 
ernor to  permit  me  to  amend  the  selections  with  base  from  that  source. 

My  actions  must  have  impressed  Mr.  Simon  with  the  idea  that  I  was  seek- 
ing to  secure  his  services  more  on  account  of  his  influence  with  Governor  Lord 
than  anything  else,  as  he  promptly  declined  to  interest  himself  in  the  matter, 
notwithstanding  that  I  offered  him  a  fee  of  $2,500  if  he  would  secure  the  ap- 
proval of  the  12,000  acres  embraced  in  my  selections.  Subsequently  the  State 
Land  Board,  recognizing  the  justice  of  my  claim,  approved  the  selections  upon 
their  merits,  after  I  had  personally  filed  a  supplemental  petition,  without  the  aid 
of  any  attorney,  but  the  episode  is  significant  as  revealing  the  character  of  the 
man.  Rather  than  participate  in  any  transaction  involving-  the  slightest  semblance 
of  moral  turpitude,  Mr.  Simon  preferred  to  forfeit  a  fat  fee,  and  in  view  of  my 
experience  with  others  along  similar  lines,  I  felt  that  here  was  one  lawyer  re- 
mindful of  an  oasis  in  the  desert. 

During  the  five  years'  administration  of  George  W.  Davis  as  Clerk  of  the 
Land  Board,  many  controversies  arose  between  the  various  members  of  the  gang 

Page    325 


Ex-United  States  Senator  Joseph  Simon,  of  Oregon 


engaged  in  dealing  in  school  land  base.  Throughout  1893-4,  W.  N.  Jones,  Rader 
and  Clerk  Davis  were  in  cahoots,  while  McCornack  and  D'Arcy  operated  together. 
I  preferred  to  go  it  alone.  The  Jones-Rader-Davis  combination  tried  to 
hog  the  game,  and  in  consequence,  frequent  disputes  were  aired  before  the 
School  Land  Board,  which  had  the  effect  of  often  causing  that  body  to  shut  down 
on  all  of  us.  Their  action  in  this  respect  would  last  for  a  few  months,  when  we 
would  patch  the  matter  up  with  some  scheme  or  other,  and  affairs  would  run 
along  smoothly  for  a  while  until  there  was  another  row  in  camp,  when  there 
would  be  a  repetition  of  the  quarantine  process. 

Pending  one  of  these  wrangles,  in  which  Governor  Pennoyer  had  refused 
absolutely  to  recede  from  the  ruling  of  the  Land  Board,  I  resolved  to  overcome 
his  stubbornness  by  resorting  to  some  clever  subterfuge,  and  the  scheme  worked 
like  a  charm.  Realizing  that  the  Governor,  while  exceedingly  firm  in  his  convic- 
tions, and  austere  in  manner,  was  a  man  of  deep  sympathies,  I  concluded  that  the 
best  way  to  secure  his  favorable  action  was  by  playing  upon  this  chord  of  his 
nature  rather  than  attempt  to  appeal  to  the  cold  equities  of  the  case.  He  was  in 
a  position  to  waive  aside  all  consideration  of  equity,  and  interpret  the  regulations 
of  the  Land  Board  pretty  much  as  he  saw  fit,  but  when  it  came  to  a  question  of 
sentiment,  I  knew  that  the  rugged  old  fellow  had  a  soft  spot  in  his  heart  that 
might  be  touched  by  some  shaft  of  pathos. 

Actuated  by  this  instinct,  I  sought  the  North  End  precincts  of  Portland, 
and  was  fortunate  in  securing  the  co-operation  of  a  cheap  variety  actor,  who 
entered  heartily  into  the  scheme.  Arraying  this  individual  in  an  old  dilapidated 
pair  of  overalls  and  ragged  jumper,  with  a  straw  hat  that  had  seen  better  days, 
and  everything  else  to  correspond,  by  the  aid  of  some  lamp  black  and  other 
stage-like  processes,  I  soon  had  him  in  shape  to  carry  my  plans  into  execution. 
Equipped  with  dinner  pail  and  a  look  of  the  utmost  despair  and  abject  misery, 
and  bearing  the  appearance  of  a  typical  woodchopper,  my  actor  friend  stationed 
himself  at  the  foot  of  Montgomery  street,  near  the  Governor's  sawmill,  and  calmly 
awaited  developments.  It  was  the  custom  of  Governor  Pennoyer  to  devote  con- 
siderable attention  to  his  lumbering  interests  whenever  he  was  away  from  the 
seat  of  State  government  in  Salem,  and  upon  such  occasion  was  in  the  habit  of 
remaining-  at  his  sawmill  until  about  5  o'clock  when  he  would  proceed  homeward. 

In  a  voice  husky  with  well- feigned  emotion,  and  with  tears  taking  their 
pathetic  course  down  his  weatherbeaten  countenance,  the  pseudo  woodchopper 
upon  intercepting  the  Governor,  proceeded  to  unfold  a  tale  that  would  have  moved 
a  graven  image. 

"Behold  in  me  a  victim  of  bitter  fate !"  he  pleaded.  "I  am  the  owner  of  an 
humble  homestead  claim  in  a  heavily-timbered  tract  that  has  appealed  to  the 
covetous  eyes  of  the  merciless  landgrabber.  See  before  you  the  father  of  nine 
motherless  children,  weeping  out  in  the  woods  all  alone  for  their  devoted  father, 
of  whose  tender  care  they  are  bereft  in  order  that  the  immutable  laws  of  a  great 
government  might  be  satisfied.  By  the  force  of  cruel  circumstances,  I  am  obliged 
to  remain  away  from  them  weeks  at  a  time  in  order  to  earn  my  daily  bread  and 
keep  the  hungry  wolf  from  the  lonely  doors  of  my  loved  ones.  I  am  told  that 
all  this  can  be  overcome  through  your  Excellency,  and  that  by  relinquishing  my 
homestead  filing,  I  shall  be  permitted  to  make  a  State  lieu  selection  of  the  tract, 
and  thus  avoid  the  necessity  of  compliance  with  the  harsh  measures  incident  to 
residence  thereon." 

Evidently  Governor  Pennoyer  was  touched  deeply  by  this  pathetic  appeal, 
as  after  listening  to  the  assumed  woodchopper 's  harrowing  tale  of  woe,  he  patted 
him  sympathetically  upon  the  shoulder  and  assured  him  that  he  would  do  all  in 
his  power  to  relieve  conditions.  As  a  matter  of  fact,  the  land  in  question  was 
still  vacant,  unappropriated  land  belonging  to  the  Government,  but  as  soon  as  I 
ascertained  that  the  Governor  was  disposed  to  make  exception  to  the  strict  ruling 
of  the  State  Land  Board  in  this  particular  case,  I  lost  no  time  in  taking  the 
alleged  woodchopper  to  the  Oregon  City  Land  Office  and  having  him  make 

Page    327 


homestead  entry  of  the  piece  desired.  We  then  proceeded  to  Salem,  where  the 
claim  was  relinquished,  and  immediately  thereafter  selected  as  indemnity  land. 

The  selection  list  is  made  out  in  triplicate  form  on  large  sheets  of  paper, 
capable  of  embracing  several  thousand  acres,  and  it  was  the  practice  for  the  at- 
torney for  each  applicant  to  attend  to  this  feature  by  designating  the  land  to  be 
selected,  together  with  its  basis,  after  which  the  Clerk  of  the  Land  Board  would 
secure  the  Governor's  signature  to  the  list  and  then  transmit  it  to  the  local  Land 
Office  of  the  district  where  the  tract  was  situated.  The  facts  connected  with  the 
Governor's  promise  to  the  supposed  woodchopper  being  presented  to  him,  he 
promptly  attached  his  signature  to  the  list  containing  this  single  selection  of  160 
acres.  Thereupon  the  entire  land  ring  brigade  got  busy,  and  when  the  list  left 
the  hands  of  the  Clerk  of  the  State  Land  Board,  it  represented  an  application  for 
more  than  16,000  acres.  This  scoop  more  than  repaid  us  for  the  trouble  and  ex- 
pense we  had  undergone  in  promoting  the  creation  of  the  reserve. 

The  principal  grounds  upon  which  the  Board  based  its  objections  to  sign- 
ing the  selection  list,  was  because  some  member  of  the  ring  would  cause  a  selec- 
tion to  be  made  covering  a  large  tract  of  timber  in  a  township  that  had  just  been 
surveyed,  in  which  there  were  settlers  who  desired  to  make  homestead  filings. 
When  a  new  township  is  thus  thrown  open  to  entry,  it  is  always  an  easy  matter 
to  get  the  selection  list  into  the  hands  of  the  Register  of  the  Land  Office  ahead  of 
the  homesteaders,  as  we  generally  had  the  list  mailed  the  day  before,  which  would 
bring  it  to  the  attention  of  the  Land  Office  officials  on  the  morning  that  filings 
were  receivable,  thus  giving  the  State  a  huge  preference.  The  homesteader  as  a 
rule  would  thereupon  appeal  to  the  State  Land  Board  for  redress,  which  he 
generally  got,  and  the  selection  list  would  have  to  be  amended.  These  contests 
often  resulted  in  the  Board  declining  to  sign  any  more  lists  until  such  time  as 
some  scheme  of  the  character  indicated  was  worked  upon  them.  Under  the  law. 
settlers  upon  lands  in  an  unsurveyed  township  have  ninety  days  in  which  to  file 
their  claims  at  the  local  United  States  Land  Office.  Oftentimes  we  were  able  to 
bluff  them  out  on  account  of  possessing  the  State  title,  but  as  a  general  thing, 
whenever  there  was  any  interference  of  this  sort,  the  Governor  protected  the 
settler  as  much  as  possible  in  his  holdings. 

During  the  term  in  office  of  T.  W.  Davenport,  there  was  no  dissatisfac- 
tion, as  -Mr.  Davenport  favored  one  no  more  than  the  other.  He  was  of  a  differ- 
ent type  to  those  preceding  him  in  the  State  Land  Office,  being  courteous  and 
obliging  to  all,  and  strictly  honest  and  on  the  square  in  doing  his  duty  as  an 
officer  of  the  State,  notwithstanding  the  many  inducements  held  out  to  him  by 
members  of  the  School  Land  Ring. 

During  the  administration  of  Geo.  W.  Davis,  there  was  a  deficit  in  the 
School  Land  fund  amounting  to  something  like  $31,000.  The  supposition  is 
that  Davis,  who  was  on  very  friendly  terms  with  Rader,  issued  certificates  of 
purchase  to  several  thousand  acres  of  indemnity  land  without  receiving  any 
money  thereon,  the  understanding  being,  that  when  Rader  made  sale  of  the  land, 
he  was  to  divide  the  profits  with  Davis,  at  which  time  the  latter  would  credit  the 
school  fund  the  amount  due  on  the  purchase  price.  In  the  meantime,  Rader.  in 
company  with  four  Eastern  capitalists,  went  into  the  timber  in  Clatsop  County 
for  the  purpose  of  examining  a  tract  of  land.  About  two  weeks  later  the  entire 
party  was  found  dead  in  camp,  the  supposition  being  that  they  fell  victims  to 
the  poisonous  effects  of  eating  canned  goods.  As  no  record  had  been  kept  in  the 
State  Land  Office  showing  to  whom  certificates  of  purchase  were  issued,  and  as 
Rader  had  possession  of  the  papers,  Davis  had  no  way  of  getting  hold  of  them. 
For  obvious  reasons,  he  was  afraid  to  expose  the  deficiency  alluded  to,  conse- 
quently he  manipulated  the  cash  entries  in  such  manner  that  for  three  or  four 
years  it  was  not  discovered.  Upon  its  exposure,  however,  Davis  absconded,  and 
has  never  been  punished. 

The  State  began  an  action  against  E.  P.  McCornack  and  George  G.  Bing- 
ham,  of  Salem,  to  recover  $5.000,  the  amount  of  surety  as  bondsmen  for  the 

Page   328 


defaulter,  but  lost  the  suit  by  reason  of  the  statute  of  limitations  having  run 
against  the  claim.  George  W.  Davis  was  removed  from  office  on  August  1,  1895, 
and  W.  H.  Odell  appointed  to  fill  the  vacancy. 

During  the  latter 's  administration  of  affairs — covering  a  period  from  the 
date  of  his  commission  until  January  1,  1900 — there  were  comparatively  few 
transactions  connected  with  indemnity  lands,  as  by  this  time  the  basis  had  prac- 
tically become  exhausted,  and  what  little  was  left  was  handled  exclusively  by 
the  State  Land  Agent.  The  ring,  however,  continued  to  deal  in  the  16th  and 
36th  sections,  whenever  opportunity  offered,  as  the  latter  class  of  lands  remained 
at  $2.50  an  acre.  This  condition  of  affairs  continued  until  sometime  in  1898,  when 
we  all  awoke  to  a  realization  that  we  were  not  half  so  smart  as  we  thought  we 
were.  It  appears  that  there  were  still  some  44,000  acres  of  unsold  surveyed  State 
school  sections  within  the  limits  of  the  Cascade  Forest  Reserve,  which  had  been 
established  September  28,  1893.  After  the  passage  of  the  lieu  land  Act  of  June 
4,  1897,  it  was  thought  that  the  State  had  no  power  to  make  selections  using  as 
base  the  unsold  surveyed  portions  of  the  16th  and  36th  sections  embraced  in  a 
forest  reserve.  So  firmly  was  this  idea  fixed  in  the  minds  of  the  State  officers 
in  fact,  that  at  the  instance  of  T.  W.  Davenport,  State  Land  Agent,  United 
States  Senator  George  W.  McBride  (former  Secretary  of  State  for  Oregon)  had 
introduced  a  bill  in  Congress  granting  the  State  such  a  privilege. 

It  was  at  this  juncture  that  F.  A.  Hyde  and  John  A.  Benson,  the  Califor- 
nia operators  who  have  long  enjoyed  a  complete  monopoly  of  indemnity  land 
business  in  that  State,  and  who  are  now  on  trial  in  Washington,  D.  C,  for  their 
part  in  fraudulent  land  transactions,  conceived  the  idea  of  invading  Oregon  in 
search  of  pastures  new.  In  1898  Hyde  came  to  Portland  personally,  accom- 
panied by  one  Joost  H.  Schneider,  a  sort  of  "Man  Friday"  for  the  California 
schemer,  whom  he  sent  to  Salem  to  do  a  little  missionary  work.  One  day 
Schneider  appeared  at  the  State  Land  office  in  Salem  with  an  innocent-appearing 
application,  calling  for  the  purchase  of  a  half-section  of  school  land  in  the 
Cascade  Forest  Reserve.  Meeting  with  no  opposition  to  its  filing,  and  having 
received  the  deed  from  the  State,  Schneider  took  his  departure,  but  in  a  few  days 
returned,  armed  with  a  sufficient  number  of  similar  applications  to  cover  44,000 
acres,  or  practically  every  foot  of  vacant  State  school  land  left  in  the  reserve. 

As  may  be  surmised,  there  was  general  commotion  in  the  State  Land 
Office  when  the  full  force  of  this  contemplated  raid  -dawned  upon  the  State 
authorities.  G.  G.  Brown,  at  that  time  a  deputy  under  Odell,  and  at  present 
Clerk  of  the  State  Land  Board,  was  in  the  office  when  this  incident  occurred, 
and  objected  to  filing  such  a  large  number  of  applications  calling  for  such  a  vast 
quantity  of  school  land,  and  summoned  Mr.  Davenport  into  consultation  with 
him  upon  the  subject.  The  latter  likewise  demurred  to  such  a  proceeding,  but 
Hyde's  agent  was  not  to  be  denied,  citing  the  filing  of  the  single  application 
heretofore  referred  to  as  a  precedent  to  sustain  his  contentions,  and  insisted 
that,  inasmuch  as  the  lands  were  for  sale,  and  the  applications  in  proper  form, 
they  should  be  accepted  and  deeds  issued  accordingly.  He  accentuated  this 
request  by  tendering  the  full  purchase  price  of  the  lands,  and  demanded  the 
deeds  on  pain  of  a  suit  against  the  State  in  case  of  refusal.  Under  these  circum- 
stances, the  applications  were  accepted  and  deeds  issued,  conveying  to  the  firm 
of  San  Francisco  grabbers  an  immense  domain,  for  which  the  State  received 
$1.25  an  acre,  or  approximately  $50,000.  It  developed  afterwards  that  Hyde 
and  Benson,  through  Schneider,  had  secured  "dummies"  in  Portland  and  vicini- 
ty to  make  the  filings,  and  this  feature  of  the  proceedings  is  embodied  in  one  of 
the  counts  in  the  indictment  against  them  charging  them  with  conspiracy  to 
defraud  the  United  States  of  its  public  lands,  it  being  alleged  that  the  base  thus 
fraudulently  obtained  was  used  in  the  selection  of  other  tracts  belonging  to  the 
Government,  under  the  Act  of  June  4,  1897,  as  the  lands  purchased  from  the 
State  at  the  time  indicated  were  later  conveyed  to  the  Government  in  exchange 
for  other  lands. 

Page    329 


To  say  that  the  Oregon  school  land  ring  was  sore  when  it  found  out  the 
artistic  manner  in  which  it  had  been  done  up.  would  be  putting  it  mildly.  They 
saw  in  the  transaction  the  dissipation  of  a  bright  dream  of  wealth,  because  the 
lands  were  purchased  from  the  State  at  $1.25  an  acre  and  converted  immediately 
into  forest  reserve  scrip,  which  then  had  a  market  value  of  at,  least  $5.50  an  acre, 
making  the  net  profits  of  these  frenzied  financiers  fully  $150.000  from  this  one 
deal  alone. 

On  January  1,  1900,  M.  L.  Chamberlain  succeeded  General  Odell  as  Clerk 
of  the  State  Land  Office,  his  appointment  dating  from  the  time  that  T.  T.  Geer 
was  inaugurated  as  Governor.  F.  I.  Dunbar  was  Secretary  of  State  and  Charles 
S.  Moore,  State  Treasurer  during  the  Geer  administration,  and  L.  B.  Geer,  the 
Governor's  half-brother,  was  named  as  State  Land  Agent  to  succeed  T.  \Y. 
Davenport. 

During  the  period  that  Odell  served  as  Clerk  of  the  Land  Office,  although 
he  had  been  afforded  no  opportunity  for  participating  in  any  of  the  deals  of  the 
ring,  he  had  not  been  idle,  and  in  one  way  or  another  had  discovered  that  there 
were  splendid  chances  for  making  considerable  money  through  State  indemnity 
base.  Actuated  by  this  idea,  he  lost  no  time  in  inducing  Governor  Geer  to  ap- 
point him  an  assistant  to  the  State  Land  Agent,  clothing  him  with  full  authority 
to  deal  in  this  commodity.  General  Odell  was  given  desk  room  in  the  office  of 
State  Land  Agent  L.  B.  Geer,  and  the  two  entered  into  the  "base"  business  with 
a  vengeance.  Intrenched  behind  a  show  of  official  recognition,  Odell  advertised 
extensively  that  he  had  an  unlimited  quantity  of  base  for  sale  at  $1.50  an  acre. 
Desirous  of  selecting  a  tract  of  timber  land  containing  640  acres,  and  learning 
that  State  Land  Agent  L.  B.  Geer  had  several  thousand  acres  of  available  school 
indemnity  base,  I  applied  to  him  accordingly,  and  was  assured  by  Mr.  Geer  that 
he  would  furnish  the  base  at  the  price  indicated,  I  to  pay  the  State  for  the  land 
embraced  in  the  selection.  In  conformity  with  this  arrangement,  I  paid  State 
Land  Agent  Geer  $960,  taking  his  receipt  therefor,  and  filed  my  applications  with 
Clerk  M.  L.  Chamberlain,  at  the  same  time  depositing  with  the  latter  the  twenty 
per  cent  requisite  on  the  purchase  price  of  the  land.  In  a  few  days  the  certificates 
were  sent  to  me,  indicating  that  the  selections  had  been  approved  by  the  local 
United  States  Land  Office. 

It  was  soon  apparent  that  the  business  being  conducted  by  State  Land 
Agent  Geer  and  General  Odell  was  well-named.  Never  before  in  the  histo: 
the  State  had  such  base  methods  been  adopted  as  those  resorted  to  by  this  pair. 
It  was  a  case  of  where  "base  met  base,"  and,  as  usual,  the  public  got  the 
worst  of  it.  Inasmuch  as  I  had  put  in  several  years  dealing  in  State  basis,  and 
was  well  posted  regarding  the  quantity  of  indemnity  to  which  the  State  was  still 
entitled,  it  puzzled  me  to  imagine  how  I  could  have  overlooked  the  basis  desig- 
nated by  Geer  in  the  selection  of  my  land.  However,  as  he  was  the  Agent  of 
the  State,  and  with  Odell  had  made  a  careful  search  of  the  records,  I  felt  no 
apprehension  on  the  subject,  and  besides  reasoned  that  on  account  of  his  official 
position,  in  case  the  selection  failed  to  pass  muster  in  the  General  Land  Office,  it 
would  be  amended. 

In  a  few  months  it  developed  that  the  list  containing  my  selections  had 
been  rejected  by  the  Commissioner  on  the  ground  that  the  base  named  therein, 
with  the  exception  of  forty  acres,  had  already  been  used  years  previously.  Upon 
learning  this  fact,  I  insisted  that  Geer  should  substitute  new  base,  and  was  in- 
formed that  there  was  none  available,  the  supply  having  already  been  exhausted. 
I  thereupon  demanded  the  return  of  my  money,  which  was  also  refused,  and  in 
order  to  protect  my  selections,  I  was  obliged  to  substitute  base  purchased  from 
other  dealers,  at  an  expense  of  $4  per  acre,  and  have  never  to  this  day  been 
reimbursed  in  the  amount  I  was  flim-flammed  out  of  by  Geer,  all  of  which  he 
had  converted  to  his  own  use.  General  Odell  later  went  into  the  adjudicating 
business  in  Eastern  Oregon  lands,  and  would  have  succeeded  in  having  several 
thousand  acres  adjudged  as  mineral  were  it  not  for  the  fact  that  in  his  greed  to 

Page    330 


Ex-Governor  T.  T.  Geer,  of  Oregon 


gobble  up  everything  in  sight,  he  fell  down  on  the  whole.  It  came  about  in  this 
way:  Odell  had  contracted  with  a  couple  of  fellows  to  do  the  adjudicating  for 
him  on  the  basis  of  ten  cents  an  acre  for  all  lands  in  which  sufficient  evidence 
was  produced  to  declare  it  mineral  in  character.  Rader  and  myself,  as  hereto- 
fore indicated,  had  already  adjudicated  every  school  section  in  that  part  of  the 
State,  but  this  did  not  deter  Odell  from  operating  along  similar  lines.  His 
agents  were  therefore  instructed  to  adjudicate  everything  left,  no  matter  whether 
the  section  was  vacant  or  belonged  to  somebody  else.  There  was  where  he 
made  a  serious  mistake,  for  no  sooner  had  his  agents  advertised  that  adjudica- 
tions were  to  be  made  on  certain  school  sections  already  sold  by  the  State,  than 
there  was  a  howl  of  disapproval  from  the  owners. 

They  appeared  at  the  Land  Office  on  the  date  set  for  the  hearing,  and 
after  listening  to  the  perjured  testimony  being  introduced  to  show  that  their 
holdings  were  mineral  in  character,  immediately  entered  a  vigorous  protest  with 
the  Commissioner  of  the  General  Land  Office,  which  resulted  in  knocking  the 
adjudicating  business  into  smithereens,  but  not,  however,  before  the  State  had 
selected  some  73,000  acres  based  upon  this  fraudulent  mineral  base,  and  had 
given  deeds  to  the  purchasers.  Had  Odell  and  L.  B.  Geer  omitted  the  tracts 
that  had  been  sold  previously  by  the  State  to  settlers  and  stockmen,  there  is  no 
telling  how  much  they  would  have  gotten  away  with,  as  their  agents  were  work- 
ing overtime  for  the  ten  cents  an  acre  commission,  and  everything  was  grist  that 
came  to  their  mill. 

Shortly  after  L.  B.  Geer  was  appointed  State  Land  Agent,  he  was  allowed 
additional  clerks  to  assist  in  determining  the  quantity  of  base  the  State  was  en- 
titled to.  This  information  he  used  for  his  own  personal  benefit,  and  as  General 
Odell  had  been  given  a  desk  in  his  office,  all  those  making  inquiry  concerning 
indemnity  selections  were  referred  to  him,  and  he  would  thereupon  supply  the 
base,  exacting  a  fee  of  SI. 50  an  acre  for  his  services.  Thousands  of  dollars  were 
thus  paid  to  Odell  for  information  that  required  but  a  moment  to  furnish,  and 
which  should  have  been  given  by  the  State  Land  Agent,  as  the  State  had  gone 
to  the  expense  of  having  the  search  of  the  records  made  that  revealed  the  exist- 
ence of  this  base.  As  a  matter  of  fact,  the  two  were  working  hand  in  glove,  and 
the  whole  thing  was  a  sort  of  "wheel  within  a  wheel"  proposition.- 

While  Odell  and  Geer  were  thus  holding  a  monopoly  on  the  disposition 
of  all  State  base,  I  learned  of  two  sections  of  school  land  located  in  the  mineral 
belt  of  Southern  Oregon,  and  called  upon  Governor  Geer  for  authority  to  ad- 
judicate them  as  mineral.  The  Governor  informed  me  that  I  would  have  to 
see  L.  B.  Geer,  as  he  was  attending  to  that  branch  of  the  business.  The  latter 
passed  me  back  to  the  Governor,  who  in  turn  referred  me  to  Odell,  who  told  me 
in  plain  English,  that  as  he  had  undertaken  to  adjudicate  the  mineral  character 
of  the  various  school  sections  east  of  the  Cascade  Range,  he  did  not  propose  to 
permit  me  to  interfere  with  his  prerogative. 

Returning  to  the  Governor  once  more,  I  assured  him  that  the  two  sections 
I  had  under  consideration  did  not  conflict  with  any  sacred  territory  and  that  if 
he  would  grant  me  the  privilege  of  doing  the  work,  I  would  willingly  deposit 
the  requisite  fifty  cents  per  acre  and  have  the  selections  made,  with  the  under- 
standing that  the  certificates  of  purchase  were  not  to  be  issued  until  the  basis 
was  approved  by  the  Land  Department ;  and  if  I  failed  to  satisfy  the  demands  of 
the  Government  in  this  respect,  that  the  amount  of  my  deposit  should  be  re- 
funded. Governor  Geer  pulled  in  his  horns  at  this  suggestion,  and  resorted  to 
his  threadbare  method  of  referring  me  to  the  State  Land  Agent,  which  was 
equivalent  to  sending  me  upon  an  endless  chain  journey. 

I  reminded  them  both  how  certificates  of  purchase  to  thousands  of  acres 
were  being  issued  to  Odell  long  before  he  had  even  commenced  the  adjudication 
of  basis,  and  as  my  proposition  was  perfectly  fair,  and  the  State  did  not  stand 
to  lose  anything,  nor  was  I  interfering  with  the  game  of  Odell  and  L.  B.  Geer, 
that  I  ought  to  be  granted  the  privilege.  My  pleadings  were  in  vain,  however. 

Page   332 


The  official  pet  of  Gibsonville 
Sierra  County,  California 

and  I  had  to  give  it  up  as  a  bad  job.  It  was  then  that  I  felt  that  I  was  undergo- 
ing my  first  experience  of  being  shut  out  of  the  State  Land  Office  entirely,  so  far 
as  any  further  dealing  in  State  indemnity  basis  was  concerned.  The  combination 
of  Governor,  State  Land  Agent  and  "King  Pin"  Odell  was  too  much  for  me,  and 
I  was  obliged  to  submit  to  the  inevitable. 

Odell  and  the  State  Land  Agent  continued  to  do  a  flourishing  business  in 
the  matter  of  making  selections  based  upon  alleged  mineral  land,  and  secured 
the  issuance  of  certificates  of  purchase  to  something  like  70,000  acres  of  this 
character,  besides  about  20,000  acres  that  were  selected  upon  other  base. 

In  due  course  of  time,  every  acre  thus  selected  by  them  was  rejected  by 
the  Commissioner  of  the  General  Land  Office,  but  in  the  meantime  the  firm  of 
Odell  &  Geer  had  received  pay  for  the  basis,  which  was  the  main  point  with  them. 
In  each  instance  the  State  was  given  90  days  in  which  to  file  an  amended  list,  and 
Odell  would  take  advantage  of  this  by  rigging  up  some  sort  of  an  appeal  that 
answered  the  purpose  of  delaying  further  proceedings,  and  preventing  the  actual 
cancellation  of  the  selections.  The  purchaser,  or  holder  of  certificate,  to  the 
suspended  selection  was  kept  in  entire  ignorance  of  the  situation,  and  was  per- 
mitted to  know  nothing  about  the  sword  that  was  hanging  over  his  title,  unless, 
perchance,  he  found  it  out  through  the  local  United  States  Land  Office.  This 
condition  of  things  did  not  deter  the  pair  from  keeping  right  along  with  their 
bunco  game,  however,  and  as  M.  L.  Chamberlain,  Chief  Clerk  of  the  Land  Office 

Page    333 


\va-  merely  a  figurehead,  so  far  as  knowledge  of  his  duties  went,  this  sort  of 
thing  was  kept  up  all  through  the  administration  of  Governor  Geer,  and  there 
was  no  attempt  at  suppression  of  the  evils  until  George  E.  Chamberlain  was 
elected  Governor. 

Governor  Chamberlain  had  held  office  but  a  few  months  when  he  saw  that 
matters  were  very  much  in  need  of  adjustment  in  the  State  Land  Office,  and  on 
April  1  of  that  year,  appointed  George  G.  Brown  as  Clerk  of  the  State  Land 
Board,  and  on  September  30  following,  named  Oswald  \Yest  as  State  Land 
Agent.  The  latter  was  not  only  a  young  man  of  strict  integrity,  but  was  also 
well  qualified,  through  long  connection  with  the  LadJ  &  Bush  bank,  of  Salem,  to 
introduce  business  principles  in  the  conduct  of  affairs  in  connection  with  his 
duties. 

West  soon  familiarized  himself  with  conditions,  and  learning  that  thous- 
ands of  acres  of  indemnity  selections  with  defective  base,  which  had  been  sold 
by  the  State  to  innocent  purchasers,  were  subject  to  cancellation  by  reason  of 
these  irregularities,  he  proceeded  to  take  steps  to  protect  those  who  had  bought 
the  lands  in  good  faith  from  the  State.  As  there  were  no  authentic  records  in 
the  Land  Office  to  show  the  exact  situation,  the  newly-appointed  Land  Agent 
made  a  complete  abstract  exhibiting  the  status  of  affairs,  from  which  it  was  as- 
certained that  the  State  was  still  entitled  to  about  8,000  acres  of  indemnity  from 
the  United  States.  This  base  was  worth  $5  an  acre  in  the  open  market,  but  in- 
stead of  disposing  of  it  in  that  manner,  West  used  it,  so  far  as  it  went,  in  amend- 
ing the  basis  of  those  selections  where  it  was  demonstrated  the  applicants  had 
acted  in  good  faith. 

When  West  reported  his  findings  to  Governor  Chamberlain,  showing  how 
Odell  and  Geer  had  selected  73,500  acres  on  mineral  base,  out  of  which  only 
about  1,000  acres  had  been  clear  listed  by  the  General  Land  Office,  and  that 
13,500  acres  of  their  selections  on  other  base  had  likewise  been  rejected,  he  was 
directed  to  set  an  investigation  on  foot  for  the  purpose  of  finding  out  the  exact 
>tatus  of  these  selections,  with  the  result  that  the  State  reimbursed  those  who 
had  made  purchases  in  good  faith  through  the  instrumentality  of  Odell  and  Geer 
to  the  extent  of  $142,000.  The  General  Land  Office  having'  rejected  the  87,000 
acres  of  mineral  and  other  indemnity  selections  made  by  them,  with  the  exception 
of  the  1,000  acres  indicated,  the  State  has  made  repayment  on  78,000  acres. 
leaving  an  area  of  8,000  acres  yet  to  be  repaid  on.  The  amount  refunded  applied 
only  to  the  purchase  price  of  the  lands,  and  does  not  represent  any  portion  of 
the  commissions  charged  by  the  firm  as  a  bonus  for  inserting  the  base,  all  of 
which  the  applicants  lost  in  consequence  of  their  dealings  with  the  two  nx 

After  getting  the  matter  of  rejected  State  indemnity  selections  well  in 
hand.  State  Land  Agent  Oswald  West  turned  his  attention  to  the  investigation 
of  the  alleged  frauds  in  the  purchase  of  school  lands.  In  going  through  the 
files  containing  the  applications  to  purchase,  which  covered  the  undeeded  tracts 
\Ye-t  found  a  large  number  of  applications  bearing  signatures  which,  in  hi^ 
opinion,  were  forgeries,  and  he  thereupon  reported  the  facts  to  Governor  Cham- 
berlain. Acting  under  executive  instructions,  John  H.  McXary,  District  Attorney 
of  Marion  County,  Oregon,  on  August  12,  1905,  filed  informations  charging 
H.  H.  Turner,  a  Salem  notary  public,  and  A.  T.  Kelliher.  a  wealthy  land  specu- 
lator of  Minnesota,  with  forgery,  and  the  grand  jury  later  indicted  them  for  the 
offense.  When  their  case  came  to  trial.  Turner  turned  State's  evidence,  and  the 
indictment  against  him  was  dismissed  on  motion  of  the  district  attorney,  because 
Kelliher's  attorneys  objected  to  his  testifying  until  a  dismissal  was  entered.  He 
confessed  having  forged  practically  all  the  signatures  to  applications  covering 
about  60,000  acres  of  school  lands,  upon  which  his  name  appeared  as  notary. 
Kelliher  stood  trial  and  was  convicted  by  a  jury.  January  4,  1906,  and  was  sen- 
tenced four  days  later  to  five  years  in  the  State  penitentiary  at  Salem.  From  this 
judgment  he  appealed  to  the  State  Supreme  Court,  which  reversed  the  verdict, 
and  the  defendant  ultimately  escaped  punishment. 

Page   334 


George  E.  Chamberlain,  the  Democratic  Governor  of  Republican  Oregon,  who  has  saved 

the  State  many  thousands  of  dollars  by  his  reform  methods  of 

dealing  with  the  school  land  problems 


The  two  men  were  accused  of  operating  in  a  systematic  manner  in  their 
efforts  to  acquire  title  to  large  tracts  of  State  school  lands,  but  their  eagerness 
to  grab  everything  in  sight  was  the  cause  of  their  downfall.  So  many  applica- 
tions: were  filed  in  the  names  of  alleged  residents  of  Salem  that  the  suspicions 
of  Land  Agent  \Yest  were  aroused,  and  upon  inquiry  it  was  ascertained  that  no 
such  persons  resided  there.  A  comparison  of  the  signatures  also  revealed  the 
fact  that  they  had  all  been  written  by  Turner,  who  had  thereupon  acknowledged 
them  before  himself  as  a  notary  public,  in  addition  to  taking  the  acknowledg- 
ments of  the  fictitious  applicants  on  assignments  of  certificates,  thus  establishing 
a  complete  chain  of  title  to  Kelliher,  for  whom  he  was  acting. 

Of  the  Kelliher  certificates,  the  holders  of  about  30,000  acres  were  per- 
mitted to  repurchase  the  land  at  $2.50  an  acre.  This  concession  was  made  in 
consideration  of  their  being  to  a  certain  extent  innocent  purchasers.  Certificates 
covering  about  30,000  acres  held  by  Kelliher  personally  were  cancelled  and  his 
money  repaid  him.  as  a  result  of  the  State  Supreme  Court  having  decided  in  his 
favor  upon  the  criminal  charge,  as  he  had  been  vindicated  to  a  certain  extent, 
the  proof  showing  that  Turner  had  procured  the  "dummy"  applications,  although 
Kelliher  had  advanced  the  money  necessary  in  making  the  payments.  Chamber- 
lain's action  in  getting  rid  of  Kelliher  in  this  fashion  was  a  clever  business  stroke, 
as  the  lands  held  by  him  were  considered  the  cream  of  those  he  had  acquired 
fraudulently,  and  will  at  some  future  date  be  advertised  by  the  State  and  sold 
to  the  highest  bidder,  which  will  easily  net  the  State  more  than  $100.000  by  the 
transaction,  even  at  the  low  price  of  $4  an  acre,  as  the  amount  refunded  to 
Kelliher  did  not  exceed  $15,000. 

Indemnity  selections  amounting  to  100,000  acres  have  been  made  during 
Governor  Chamberlain's  administration,  and  have  sold  for  an  average  price  of 
S7  an  acre.  The  State  has  about  100,000  acres  of  forest  reserve  base  on  hand 
and  available  for  selection.  Its  price  is  $8.50  an  acre  at  the  present  time. 
Governor  Chamberlain  -has  undoubtedly  accomplished  more  genuine  benefits  to 
the  school  fund  of  Oregon  than  any  of  his  predecessors,  so  far  as  the  sale  of 
State  school  lands  is  concerned,  as  he  has  increased  the  price  of  sections  in 
newly-surveyed  townships  from  the  old  rate  of  $2.50  an  acre  to  $17  an  acre  by 
offering  them  to  the  highest  bidder,  which  naturally  provokes  competition. 

From  1903  to  1908,  the  State  Land  Board  of  Oregon  had  cancelled  certi- 
ficates covering  250,000  acres.  Many  of  these  were  held  by  persons  who  had 
made  fraudulent  purchases  and  were  afraid  to  make  further  payments  for  fear 
of  prosecution.  Much  of  it  then  became  available  as  base  for  indemnity  selections. 

When  it  was  found  that  the  applications  were  bogus,  and  not  made  in 
good  faith,  the  selections  were  cancelled  forthwith  by  the  State  Land  Board, 
and  the  amounts  paid  thereon  as  the  purchase  price  were  declared  forfeited  to 
the  State  and  turned  into  the  school  fund.  Fully  250.000  acres  were  found  in 
this  condition,  the  applicants  therefor  having  become  alarmed  on  account  of 
investigations  by  the  Government  in  connection  with  the  Blue  Mountain  Forest 
Reserve  frauds,  and  were  afraid  to  disclose  their  identity.  Had  they  done  so 
it  would  have  enabled  the  Federal  authorities  to  locate  the  holders  of  the  bogus 
certificates,  as  the  records  of  the  State  Land  Office  at  Salem  did  not  indicate 
who  these  persons  were,  and  the  Government  was  exceedingly  anxious  to  find 
this  out.  As  nearly  all  the  250,000  acres  alluded  to  consisted  of  school  sections 
in  the  Blue  Mountain  Forest  Reserve,  it  reverted  to  the  State,  and  was  after- 
wards disposed  of  as  base  by  the  latter,  at  a  net  profit  of  $5  an  acre,  making  the 
State  gainer  by  the  operation  to  the  extent  of  fully  $1,250,000. 

Immediately  after  the  temporary  withdrawal  of  the  Blue  Mountain  Forest 
Reserve,  F.  P.  Mays  covered  10,000  acres  of  fine  yellow  pine  timber  land  in 
the  Maury  Mountains  with  "dummy"'  applications,  using  as  basis  of  selection 
the  unsurveyed  school  sections  in  the  proposed  Blue  Mountain  Reserve.  Gov- 
ernor Gccr  ^"gned  the  list  and  caused  the  selections  to  be  forwarded  to  the  United 
States  Land  Office  at  The  Dalles,  in  full  knowledge  of  the  fact  that  the  reserve 

Page   336 


Railroad  Commissioner  Oswald  West,  who,  while  State  Land 

Agent  of  Oregon,  uprooted  the  bogus  school 

land  certificate  evils 

was  only  temporarily  withdrawn,  and  that  the  base  was  not  available  for  selection 
purposes.  When  the  Register  of  The  Dalles  Land  Office  refused  to  file  the  list, 
Mays  insisted  that  he  should,  and  finally  persuaded  him  to  do  so,  whereupon  the 
State  issued  certificates  of  purchase  on  all  the  tracts  embraced  in  these  selections. 
They  were  likewise  cancelled  by  order  of  Governor  Chamberlain,  and  the  amounts 
deposited  thereon  covered  into  the  State  treasury. 

So  much  has  been  said  concerning  my  indictment  on  February  3,  1905,  by 
the  Marion  County  grand  jury,  that  I  feel  it  incumbent  upon  me  to  give  a  brief 
history  of  the  facts  incident  thereto.  In  January  of  that  year,  shortly  after  my 
conviction  in  the  11-7  case,  I  was  engaged  by  residents  of  California  to  acquire 
title  to  6,400  acres  of  State  school  sections  in  Klamath  County,  Oregon.  On 
account  of  the  trouble  in  which  I  was  already  involved  with  the  Government,  and 
realizing  that  Governor  Chamberlain  would  not  tolerate  any  crooked  work  in  the 
State  Land  Office,  I  determined  to  obey  the  laws  as  well  as  possible,  and  with  that 
object  in  view,  and  in  order  to  be  what  I  then  considered  on  the  safe  side,  I  secured 
the  applicants  for  the  ten  half  sections  in  Salem,  where  it  would  be  an  easy  matter 
for  the  authorities  to  find  out  that  I  was  not  using  any  fictitious  person  in  making 
the  applications. 

My  contract  with  these  applicants  contemplated  furnishing  them  the  money 
with  which  to  obtain  certificates  of  purchase,  they  in  turn  to  assign  to  me  a  nine- 
tenths  undivided  interest  in  the  lands.  In  addition,  I  was  to  pay  them  $20  cash, 

Page   337 


which,  with  their  interest  in  the  land,  was  considered  as  making  the  price  of  their 
right  equivalent  to  $100  for  each  320-acre  tract  applied  for  by  them.  This  I 
regarded  as  exorbitant,  as  the  land  itself  was  of  comparatively  small  intrinsic 
value,  having  already  been  applied  for  several  times  and  permitted  to  revert  to 
the  State  on  that  account.  It  was  certainly  far  above  the  prevailing  market 
rate  for  this  class  of  "dummies." 

Upon  presenting  the  ten  applications  to  G.  G.  Brown,  Clerk  of  the  Land 
Board,  together  with  draft  for  S2.000,  I  requested  him  to  apply  $200  to  each 
application  as  a  portion  of  the  purchase  price.  He  thereupon  notified  me  that 
he  had  received  instructions  from  the  State  Land  Board  to  the  effect  that  all  the 
applicants  would  be  required  to  make  personal  appearance  at  his  office  in  order 
to  take  the  necessary  affidavit  and  deposit  the  money.  Xot  wishing  to  trust  the 
applicants  writh  that  much  cash,  I  obtained  ten  cashier's  certificates  from  the 
Ladd  &  Bush  bank  in  Salem,  for  $200  each,  and  made  payable  to  Clerk  Brown, 
and  handing  one  of  these  to  each  applicant,  told  him  to  present  this  to  Brown  at 
the  time  of  tendering  the  application. 

Calling  in  the  afternoon  for  my  certificates.  I  was  informed  that  a  special 
meeting  of  the  Board  was  in  session  for  the  purpose  of  considering  the  subject 
of  my  applications.  Upon  being  thus  advised.  I  immediately  repaired  to  the 
Governor's  chambers,  where  I  found  the  full  Board  assembled.  Besides  Gov- 
ernor Chamberlain,  there  were  present  Secretary  of  State  Dunbar,  State  Treas- 
urer Moore  and  Attorney-General  Crawford.  No  sooner  had  I  put  in  an  appear- 
ance than  Governor  Chamberlain  proceeded  to  denounce  me  in  round  terms  for 
my  audacity  in  coming  under  the  very  dome  of  the  capitol  building,  as  he  ex- 
pressed it  in  vigorous  language,  and  attempting  to  fraudulently  obtain  title  to 
6,400  acres  of  State  School  land,  by  inducing  ten  persons  to  commit  perjury 
in  doing  so.  It  required  no  second  glance  to  see  that  the  Governor  was  decidedly 
angry,  and  it  was  utterly  impossible  for  me  to  get  in  a  word  edgeways  in  my  own 
defense,  as  he  jumped  all  over  me,  declaring  that  he  was  aware  that  I  then  had 
in  my  possession  blank  assignments  already  signed  and  acknowledged,  conveying 
the  land  to  me,  and  that  it  was  his  intention  not  only  to  forfeit  the  money  I  had 
deposited  as  part  payment,  but  also  to  prosecute  me  to  the  full  extent  of  the  law 
for  my  part  in  the  matter. 

I  endeavored  to  explain  that  I  was  unaware  that  I  had  violated  any  law, 
and  that  it  was  never  my  intention  to  do  so,  but  the  Governor  refused  to  listen 
to  anything  I  had  to  say.  giving  me  to  understand  that  the  less  I  said  under  the 
circumstances  the  better  it  would  be  for  me. 

After  giving  the  subject  careful  consideration,  however,  the  Board  con- 
cluded that  affairs  were  not  so  bad  as  their  imagination  had  first  pictured,  as  I 
was  a  few  days  later  notified  by  Clerk  Brown  that  the  $2,000  would  be  refunded 
upon  presentation  of  orders  on  him  from  each  of  the  ten  applicants.  This  I  suc- 
ceeded in  doing  after  considerable  difficulty,  as  all  the  applicants  held  me  up  to 
the  tune  of  from  $10  to  $20  each  before  they  would  let  go,  which  amount,  added 
to  what  I  had  already  paid  them  for  their  rights,  brought  me  out  loser  to  the 
extent  of  from  $30  to  $)?0  on  each  application. 

This  transaction  was  later  made  the  basis  of  three  indictments  by  the 
Marion  County  grand  jury,  under  which  I  am  now  out  on  bonds  to  appear  for 
trial  at  some  future  date. 


Page   338 


Chapter  XXI 


Conviction  of  Congressman  Williamson,  Dr.  Van  Gesner  and  Marion  R.  Biggs, 
for  conspiracy  to  defraud  the  Government  of  its  public  lands,  after  three 
stubbornly-contested  trials — Apprehending  a  third  disagreement  of  the  jury, 
Hcney  prepares  for  a  fourth  trial  of  the  case — The  United  States  Supreme 
Court  grants  Williamson  a  new  trial  upon  grounds  that  practically  open  the 
doors  for  all  forms  of  abuse  of  the  timber  land  lazvs,  and  legalises  the 
"dummy"  system  of  acquiring  titles  under  the  Act  of  June  3,  1878. 

BY  reason  of  the  Supreme  Court  of  the  United  States  having  rendered  a 
decision  granting  Ex-Congressman  John  Newton  Williamson  a  new  trial 

and  promulgating  a  doctrine  that  amounts  to  a  practical  seal  of  approval  on 
the  methods  of  acquiring  Government  timber  lands  by  "dummy"  process,  the  case 
of  the  United  States  vs.  J.  N.  Williamson,  et  al.,  may  be  regarded  as  one  of  the 
most  important  of  any  in  the  category  of  land  fraud  trials. 

On  February  11,  1905,  the  Federal  Grand  Jury  of  Oregon  returned  Indict- 
ment No.  2914,  charging  Williamson  (then  a  representative  in  the  lower  house  of 
Congress  from  the  Second  Congressional  District  of  Oregon),  his  partner,  Dr. 
Van  Gesner,  and  United  States  Commissioner  Marion  R.  Biggs,  of  Prineville. 
Crook  County,  Oregon,  with  conspiracy  to  defraud  the  Government  of  its  public 
lands,  under  Section  5440  of  the  U.  S.  Revised  Statutes. 

Williamson  and  Gesner  were  extensive  sheep  owners  of  Crook  County,  and 
it  was  charged  in  the  indictment  that  they  had  been  guilty  of  inducing  about  one 
hundred  entrymen  to  file  timber  claims  on  a  large  area  of  grazing  lands  in  Town- 
ship 15  South,  Range  18  and  19  East,  Willamette  Meridian,  embracing  approxi- 
mately 16,000  acres,  for  the  benefit  of  the  firm,  who  were  to  utilize  the  tract  thus 
acquired  as  a  pasture  for  their  herds.  The  connection  of  Biggs  with  the  case  grew 
out  of  the  fact  that  he  was  the  official  before  whom  the  alleged  fraudulent  proofs 
were  made. 

It  was  set  up  in  the  indictment  that  on  June  30,  1902,  the  defendants  had 
conspired  to  acquire  the  lands  in  question  under  the  Act  of  June  3,  1878,  commonly 
known  as  the  Timber  and  Stone  law,  and  in  pursuance  of  this  conspiracy  had  in- 
duced the  entrymen  to  commit  perjury  in  making  oath  that  they  were  taking  up 
the  lands  for  their  own  use  and  benefit,  and  not  for  speculation,  whereas,  it  was 
charged  that  there  was  an  understanding  from  the  outset  that  the  claims  were  to 
be  transferred  to  Williamson  &  Gesner  as  soon  as  final  title  isued.  While  there 
was  no  evidence  produced  to  indicate  that  any  of  the  claims  were  ever  turned  over 
to  Williamson  &  Gesner,  the  Government  sought  to  show  that  the  fact  that  such 
was  the  intention  on  the  part  of  the  entrymen  constituted  an  overt  act,  and  was 
sufficient  grounds  for  conviction,  and  that  it  was  only  necessary  to  prove  an  at- 
tempted offense  of  this  character  in  order  to  bring  the  accused  within  the  scope 
of  a  conspiracy  charge.  In  fact,  it  was  quite  well  established  that  while  all  the 
arrangements  had  been  perfected  in  advance  for  the  transfer  of  title  to  the  firm, 
its  members  were  deterred  from  taking  further  steps  in  the  direction  of  completing 
title  on  account  of  the  publication  of  a  press  dispatch  from  Washington,  indicating 
that  Secretary  of  the  Interior  Hitchcock  intended  to  take  criminal  action  against 
all  engaged  in  the  "dummy"  process  of  acquiring  lands  under  the  timber  laws. 

At  the  trial,  one  of  the  witnesses  testified  that  he  was  employed  at  a  livery 
stable  in  Prineville,  and  that  both  himself  and  wife  relinquished  their  filings,  with- 
out making  final  proof  on  the  land,  at  the  suggestion  of  Williamson  and  Gesner, 
just  before  the  time  arrived  for  making  final  proof.  It  seems,  according  to  the 

Page   339 


Dr.   Van  Gesner,  convicted  with  Williamson 

and  Biggs,  after  three  bitterly 

contested  trials 


testimony  of  this  witness,  that  Dr.  Gesner  came  to  the  stable  and  took  the  witness 
to  his  office,  where  \Yilliamson  was  seated,  and  told  him  that  he  could  not  let  him 
have  the  money  to  prove  up,  and  that  Dr.  Gesner  handed  him  the  newspaper  con- 
taining the  reference  to  Secretary  Hitchcock's  contemplated  crusade  against  bogus 
entrymen. 

It  appears  that  this  information  had  the  effect  of  causing  the  two  members 
of  the  sheep  raising  firm  to  conclude  that  it  would  be  unwise  to  proceed  any 
further  in  the  direction  of  acquiring  the  titles,  and  that  all  the  entrvmen  were  ad- 
vised subsequently  to  relinquish  their  claims.  The  article  in  question  follow- : 

Page    340 


HITS  THE  SHARKS. 


SECRETARY  HITCHCOCK  ON  PUBLIC  LANDS. 


Points  To  Oregon  Cases. 


Urges  Early  Repeal  of  the  Timber  and  Stone  Act,  and  Penalty  for  Law- 
Violators. 


Bold  Words  on  the  Evil  of  Fencing  the  Public  Domain  by  Private  Interests — 
New  Irrigation  Law,  Forest  Reserves. 


Oregonian  News  Bureau,  Washington,  D.  C.,  Nov.  23 — The  recently  discovered  tim- 
ber frauds  in  Oregon  are  rather  widely  exploited  in  the  annual  report  of  Secretary  Hitch- 
cock of  the  Interior  Department,  and  held  up  as  a  forceful  argument  for  the  immediate  re- 
vision of  the  Timber  Laws.  Although  the  Secretary  cites  facts  and  figures  heretofore  pub- 
lished in  the  'Oregonian',  he  is  gracious  enough  to  omit  from  his  official  report  the  name  of 
the  State  in  which  these  frauds  were  discovered.  His  comments,  nevertheless,  are  so  point- 
ed and  so  explicit  that  they  cannot  be  mistaken.  After  showing  the  phenomenal  increase 
in  entries  in  Oregon  under  the  Timber  and  Stone  Act,  in  the  last  quarter,  over  those  of  the 
preceding  three  months,  the  Secretary  says:  'Should  this  rate  of  entry  continue  during 
the  entire  year  in  that  State,  it  would  mean  the  acquisition,  in  round  numbers,  of  600,000 
acres  of  timber  lands  under  the  Timber  and  Stone  Act,  and  if  the  same  activity  in  that 
class  of  entries  were  extended  to  the  other  public  land  States,  then  before  the  expiration 
of  two  years  practically  every  acre  of  unappropriated  public  timbered  lands  would  have 
been  absorbed,  and  the  successful  operation  of  the  [Reclamation  Act  of  June  17th  last  ren- 
dered doubtful,  if  its  failure  be  not  absolutely  assured,  for  the  reservation  of  public  tim- 
bered lands  that  must  of  necessity  be  made  to  assist  in  conserving  the  waters  to  be  im- 
pounded by  the  irrigation  systems  to  be  established  under  that  act  will  be  defeated  or  made 
so  expensive  by  the  purchase  of  said  lands  from  private  owners  as  to  greatly  delay  the 
completion  of  the  irrigation  systems  contemplated  by  that  act. ' 

The  reports  of  the  special  agents  of  this  department  in  the  field  show  that,  at  some 
of  the  local  land  offices,  carloads  of  entrymen  arrive  at  a  time,  every  one  of  whom  makes 
entry  under  the  Timber  and  Stone  Act.  The  cost  of  160  acres  of  land  under  that  Act  and 
the  accompanying  commissions  is  $415.  As  many  as  five  members  of  a  family  who,  it  can 
be  readily  shown,  never  had  $2075  in  their  lives,  walk  up  cheerfully  and  pay  the  price  of 
the  land  and  the  commissions.  Under  such  circumstances,  there  is  only  one  conclusion  to  be 
drawn,  and  that  is,  where  a  whole  carload  of  people  make  entry  under  that  Act,  the  unan- 
imity of  sentiment  and  the  cash  to  exploit  it  must  have  originated  in  some  other  source 
than  themselves. 

In  all  such  cases  a  rigid  inquiry  will  be  instituted,  to  determine  the  bona  fides  of 
the  entry,  and  if  it  be  ascertained  that  the  entry  was  not  made  in  good  faith,  but  in 
the  interest  of  some  person  or  persons  other  than  the  entrymen,  the  entry  will  be  promptly 
canceled  and  the  proper  criminal  proceedings  instituted  against  the  entrymen. 

After  three  stubbornly-contested  trials,  a  jury  composed  of  John  Bain 
(foreman),  J.  Marcus  Freeman,  Thomas  G.  Farrell,  James  B.  Kirke,  Frank  Bell, 
H.  Donnerberg,  Theobald  Kirsch,  Worth  Huston,  Dom  J.  Zan,  J.  J.  Hembree, 
Charles  Agee,  and  John  E.  Bailey,  returned  the  following  verdict  on  the  night  of 
September  27,  1905 : 

In  the  Circuit  Court  of  the  United  States  for  the  District  of  Oregon. 

No.  2914. 
The  United  States  of  America 

vs. 

John  Newton  Williamson, 
Van  Gesner  and 
Marion  R.  Biggs. 

Verdict. 

We,  the  jury  in  the  above-entitled  cause,  find  the  defendants  J.  N.  Williamson,  Van 
Gesner  and  Marion  E.  Biggs,  guilty  as  charged  in  the  indictment,  and  recommend  them  to 
the  leniency  of  the  Court  on  account  of  previous  good  character.  (Signed:) 

JOHN  BAIN,  Foreman. 

Page  341 


The  theory  of  the  Government,  as  evidenced  by  the  testimony  brought  out 
at  the  different  trials,  was  that  the  defendants  Williamson  and  Gesner  were  in  the 
sheep  business,  and  that  they  had  a  summer  range  at  a  place  known  as  the  ''Horse 
Heaven"  country  in  Crook  County,  Oregon,  about  twenty  miles  from  the  town  of 
Prineville,  where  they  resided,  and  where  Dr.  Gesner  had  for  many  years  been  a 
practicing  physician.  All  the  odd  sections  of  the  township  which  constituted  their 
summer  range  were  owned  by  a  wagon  road  company  and  for  a  number  of  years 
prior  to  1902  Williamson  and  Gesner  had  leased  several  of  the  odd  sections  of 
land  from  it.  They  owned  the  land  upon  which  their  shearing  plant  was  located  at 
the  summer  range  and  did  not  own  any  other  land  in  that  vicinity.  The  wagon 
road  company  had  uniformly  refused  to  sell  any  of  its  lands  there.  In  May.  1902, 
defendants  learned  that  a  rival  sheep  firm  by  the  name  of  Morrow  &  Keenan 
had  contracted  to  lease  practically  all  of  the  odd  sections  of  land  in  the  towrnship, 
and  they  immediately  protested  to  the  agent  of  the  wagon  road  company  against 
its  leasing  to  their  rivals,  and  insisted  that  they  were  entitled  to  have  a  lease  for 
all  of  such  odd  sections  of  land  themselves.  The  agent  of  the  wagon  road  com- 
pany decided,  however,  that  he  must  stand  by  his  agreement  with  Morrow  & 
Keenan.  Thereupon  Williamson  &  Gesner  immediately  employed  the  County 
Surveyor  to  run  the  lines  of  the  different  sections  of  land  in  the  township  for  the 
purpose  of  determining  whether  or  not  the  springs  and  small  streams  of  water 
located  therein  were  upon  the  odd  or  even  sections.  A  rough  survey  demonstrated 
that  the  most  valuable  springs  and  streams  were  upon  the  even  sections  of  land, 
which  still  belonged  to  the  United  States. 

The  township  constituted  the  best  summer  sheep  range  in  that  part  of  Or- 
egon. It  was  partially  covered  by  scraggly  timber,  which  had  no  market  value  at 
the  time,  if  at  all.  In  many  places  there  were  long  stretches  of  splendid  grazing 
land  upon  which  there  was  not  a  stick  of  timber  of  any  account.  The  defendants. 
Williamson  and  Gesner,  immediately  planned  to  secure  all  of  the  even  sections  of 
land  which  contained  springs  or  running  water  so  as  to  control  this  entire  summer 
range.  In  June,  1902,  they  applied  to  the  bank  of  Prineville  for  a  loan  of  $3,000, 
which  they  secured,  and  a  few  months  later  they  applied  to  the  bank  at  The  Dalles, 
Oregon,  for  a  loan  of  $6,000,  which  they  also  got.  All  of  this  money  was  advanced 
by  them  to  the  applicants  in  payment  to  the  Government  for  their  respective  pur- 
chases of  land.  Gesner  employed  Biggs  to  attend  to  the  matter  of  securing  appli- 
cants for  him  and  of  filing  them  upon  the  land.  Biggs  was  a  practicing  attorney 
and  was  a  United  States  Court  Commissioner  at  Prineville.  According  to  the 
prosecution,  the  evidence  showed  that  forty-five  applicants  filed  upon  lands  selected 
for  them  in  the  township  within  a  period  of  about  two  months. 

On  Saturday  morning,  October  14,  1905,  Judge  William  H.  Hunt,  of  Mon- 
tana, who  had  presided  at  the  last  trial,  imposed  sentences  as  follows:  J.  X.  Wil- 
liamson, to  pay  a  fine  of  S500  and  be  imprisoned  in  the  Multnomah  County  jail 
ten  months;  Dr.  Van  Gesner,  to  pay  a  fine  of  $1,000  and  be  imprisoned  five 
months,  while  Biggs  got  off  with  the  same  sentence  imposed  upon  Williamson. 

After  various  appeals,  in  which  the  verdict  was  sustained  by  the  Circuit 
Court  of  Appeals,  two  of  the  defendants — Gesner  and  Biggs — submitted  to  their 
penalties,  while  Congressman  Williamson  appealed  his  case  to  the  United  States 
Supreme  Court  on  constitutional  grounds.  Counsel  for  Williamson  protested 
against  the  Court  passing  sentence  upon  him,  and  especially  to  any  sentence  of 
imprisonment,  on  the  ground  that  thereby  he  would  be  deprived  of  his  constitu- 
tional rights  as  a  Congressman.  This  was  based  upon  the  first  clause  of  Section 
6.  Article  I,  of  the  Constitution,  which  provides : 

Section  6.  The  Senators  and  Kepresentatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  Treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  sessions  of  their  respective  Houses,  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech,  or  debate  in  either  House,  they  shall  not  be 
questioned  in  any  other  place. 

Page  342 


•- 


In  its  decision  rendered  January  6,  1908,  the  United  States  Supreme  Court 
held  that  Williamson's  plea  of  exemption  from  prosecution  was  without  merit,  and 
sustained  the  validity  of  the  indictment  under  which  he  was  tried  in  every  feature. 
He  was  granted  a  new  trial,  however,  upon  his  exceptions  to  the  introduction  of 
evidence  showing  that  contracts  and  agreements  had  been  entered  into  between 
the  defendants  and  the  entrymen  after  the  filing  had  been  made,  whereby  the 
claims  were  to  be  transferred  to  Williamson  &  Gesner  upon  the  issuance  of  final 
certificate.  Upon  this  particular  point  the  tribunal  ruled  in  effect,  that  the  lower 
Court  erred  in  permitting  the  introduction  of  such  testimony,  and  virtually  held 
that  while  it  was  contrary  to  the  law  for  an  entrymen  under  the  Timber  and  Stone 
Act  to  enter  into  any  agreement  to  sell  the  land  embraced  in  his  entry  before  filing, 
he  could  do  as  he  pleased  with  his  claim  afterwards.  The  decision,  in  short, 
amounted  to  a  notice  to  the  world  that  no  matter  what  understanding  there  might 
be  as  to  the  subsequent  disposition  of  timber  lands,  so  long  as  it  could  not  be  proved 
that  the  tract  had  been  taken  up  for  speculative  purposes  at  the  date  the  entry  was 
filed,  no  law  was  violated. 

Without  considering  the  question  of  the  guilt  or  innocence  of  the  defend- 
ants, all  of  whom  are  highly  respected  citizens  of  Crook  County,  it  will  be  seen 
that  the  decision  of  the  Supreme  Court  practically  nullifies  every  effort  of  the  Land 
Department  to  prevent  the  acquisition  of  timber  lands  for  speculative  purposes,  and 
throws  down  the  bars  to  indiscriminate  abuse  in  that  regard.  Considered  from  any 
standpoint,  it  was  a  vicious  interpretation  of  the  law,  and  it  is  to  the  credit  of 
Justice  Harlan  that  he  refused  to  acquiesce  in  the  ruling. 

While  the  Government  officials  maintain  that  enough  evidence  was  intro- 
duced at  the  trial  of  defendants  to  prove  that  there  was  a  clear  and  distinct  under- 
standing before  the  filings  were  made  that  the  entrymen  were  to  transfer  their 
claims  to  the  firm  of  sheepmen,  and  that  Mr.  Williamson  could  be  convicted  with- 
out the  necessity  for  the  introduction  of  testimony  to  show  that  they  were  to  do 
so  after  final  proof,  it  is  believed  that  there  will  not  be  any  further  prosecution  of 
the  case,  but  that  the  Government  will  be  satisfied  to  try  tne  Ex-Congressman 
jointly  with  Binger  Hermann  in  what  is  commonly  known  as  the  "Blue  Mountain 
Forest  Reserve  Case."  which  is  scheduled  to  come  up  at  the  next  term  of  the  Fed- 
eral Court  in  Portland. 

The  three  trials  of  the  trio  of  defendants  were  remarkable  in  several  dis- 
tinct features,  the  most  noteworthy,  perhaps,  being  illustrative  of  the  bulldog  te- 
nacity of  Francis  J.  Heney,  the  Government  prosecutor.  The  juries  in  the  two  pre- 
ceding cases  had  failed  to  agree,  and  Heney  was  apprehensive  that  the  third  trial 
would  result  in  like  failure.  The  case  went  to  the  jury  about  midnight,  and  while 
the  body  was  deliberating  upon  a  verdict.  Mr.  Heney  and  Thomas  B.  Neuhausen. 
Special  Inspector  of  the  Department  of  the  Interior,  who  had  worked  up  the 
evidence  against  the  accused,  were  in  consultation  in  the  private  rooms  of  the 
United  States  Attorney's  office,  preparing  for  a  fourth  trial,  which  they  intended 
to  press  immediately  the  next  morning  in  the  event  of  another  disagreement.  While 
the  two  zealous  officials  were  in  the  midst  of  these  deliberations,  a  messenger 
brought  the  news  that  a  verdict  of  guilty  had  been  returned. 

A  woman's  intuition  was  the  cause  of  the  prosecution  against  Congr 
man  Williamson  and  his  associates.  Mr.  Xeuhausen,  while  occupying  the  position 
a-  Agent  in  Charge  of  Special  Agents  for  Oregon — an  office  since  designated  as 
"Chief  of  Field  Division" — with  headquarters  at  The  Dalles  Land  Office,  had 
received  instructions  from  the  Commissioner  of  the  General  Land  Office  to  in- 
^ate  the  status  of  the  various  entries  embraced  in  the  two  townships,  so  many 
sworn  statements,  or  timber  applications,  having  been  filed  almost  simultaneously 
as  to  arouse  the  suspicions  of  the  authorities  in  Washington.  In  the  course  of 
his  investigations.  Mrs.  Xeuhausen  assisted  her  husband  in  many  ways,  her  knowl- 
edge of  the  land  laws  and  familiarity  with  the  methods  of  acquiring  title  to  public 
lands  being  of  immense  benefit  to  him.  While  going  over  the  accounts  and 
records  of  the  local  Land  office,  Mrs.  Xeuhausen  made  the  discovery  that  the 

Page  344 


checks  in  nearly  every  instance  that  had  been  transmitted  to  the  Receiver  at  The 
Dalles  Land  Office  as  payment  for  the  different  tracts,  had  been  issued  in  the 
name  of  Dr.  Van  Gesner  on  a  Prineville  bank,  and  further  inquiry  led  to  the 
discovery  that  Dr.  Gesner  was  a  member  of  the  sheep  raising  firm  of  Williamson 
&  Gesner. 

It  developed,  upon  investigation  by  Mr.  Neuhausen,  that  while  the  lands 
were  being  taken  up  under  the  timber  act,  they  were  almost  invariably  bereft  of 
standing  timber  of  any  commercial  value,  and  were  chiefly  valuable  for  grazing 
purposes.  Putting  these  circumstances  together,  he  concluded  that  a  fraud  of 
huge  dimensions  was  about  to  be  perpetrated,  and  succeeded  in  obtaining  con- 
fessions from  a  number  of  the  entrymen,  many  of  whom  were  employees  of 
Williamson  &  Gesner,  who  admitted  locating  the  lands  in  the  interest  of  the  stock 
raisers.  A  quantity  of  photographs  were  also  secured,  taken  at  different  points 
in  the  two  affected  townships,  nearly  all  of  which  indicated  that  the  "timber"  on 
the  claims  consisted  for  the  most  part  of  sagebrush  and  other  undergrowth. 
These  photographs  were  introduced  in  evidence,  and  formed  part  of  the  Govern- 
ment's exhibits  in  the  case. 

The  defendants  were  represented  in  Court  by  Judge  A.  S.  Bennett  and  H. 
S.  Wilson,  of  The  Dalles,  and  George  W.  Barnes,  of  Burns,  Oregon. 


The  "scapegoat"  for  many  bogus  timber  entries 
in  Eastern  Oregon 


Page    345 


Congressman  J.  N.  Williamson,  of  Oregon,  who  was  granted  a 

new  trial  by  the  United  States  Supreme  Court  from 

judgment  of  conviction  for  land  frauds 

in  Eastern  Oregon 


Chapter  XXII 


Details  of  the  great  Blue  Mountain  Forest  Reserve  conspiracy,  as  outlined  at  the 
trial  of  F.  P.  Mays,  W .  N.  Jones  and  George  Sorenson — All  three  defend- 
ants are  convicted  after  a  trial  that  broke  all  records  in  the  Federal  Courts 
of  Oregon  for  longevity — McKinley  and  Tarpley  work  a  shrewd  flim- 
flam game  on  Mays,  who  threatens  to  "checkerboard"  their  holdings  unless 
they  pay  tribute  to  his  autocratic  power — Almost  the  entire  Oregon  dele- 
gation in  Congress  is  implicated  in  the  plot  to  establish  the  -Blue  Mountain 
reserve,  which  develops  into  a  clever  scheme  to  convert  a  large  quantity  of 
school  land  into  forest  reserve  scrip. 

A,L  the  salient  features  of  the  Blue  Mountain  Forest  Reserve  conspiracy  are 
embodied  in  an  indictment  returned  February  13,  1905,  by  the  Federal 
Grand  Jury  of  Oregon,  charging  John  H.  Mitchell,  Binger  Hermann,  John 
N.  Williamson,  Franklin  P.  Mays,  Williard  N.  Jones,  and  George  Sorenson  with 
a  violation  of  Section  5440  of  the  United  States  Revised  Statutes.  Mays,  Jones 
and  Sorenson  were  convicted  September  13,  1906,  for  their  part  in  the  alleged 
plot  to  cheat  the  Government  out  of  a  large  portion  of  its  lands,  while  Hermann 
and  Williamson  are  yet  to  be  tried. 

The  defendants  were  accused  of  having  entered  into  a  conspiracy  to  de- 
fraud the  United  States  out  of  the  possession  and  use  of  thousands  of  acres 
lying  in  different  States  and  Territories,  by  means  of  a  fraudulent  plan  contem- 
plating the  obtaining  of  title,  in  the  first  instance,  to  about  44,000  acres  of  State 
school  lands  in  Crook,  Grant,  Harney,  Malheur,  Baker,  Union,  Umatilla  and 
Wallowa  Counties,  Oregon,  through  the  use  of  illegal  affidavits  and  applications, 
and  the  subsequent  inclusion  of  such  school  lands  in  the  Blue  Mountain  Forest 
Reserve,  thus  creating  the  possibility  of  their  use  as  a  base  in  exchange  for 
valuable  timber  lands  under  the  lieu  land  Act  of  June  4,  1897. 

The  story  of  the  conspiracy,  if  given  in  all  its  glaring  details,  would 
sound  like  some  astounding  tale  of  fiction.  It  would  show  how  men  of  national 
reputation  and  political  renown  had  affiliated  in  a  brotherhood  of  corruption  with 
some  of  the  lowest  elements  of  humanity  in  an  effort  to  profit  by  the  spoils  of 
a  gigantic  steal,  and  if  all  the  facts  were  made  known,  they  might  sound  even 
greater  depths  of  degradation  than  were  reached  during  the  trial. 

The  idea  of  creating  the  Blue  Mountain  Forest  Reserve  originated  in  the 
shrewd  minds  of  those  who  saw  in  President  Roosevelt's  well-defined  policy  of 
preserving  the  remaining  timber  of  the  country  for  the  benefit  of  future  genera- 
tions a  chance  to  further  their  own  selfish  interests.  They  were  aware  that  noth- 
ing would  appeal  to  the  Nation's  chief  executive  with  such  vivid  force  as  the 
plan  to  embrace  a  large  area  in  Eastern  Oregon  in  an  immense  reserve.  On  its 
face  it  was  a  legitimate  proposition,  because  the  necessity  actually  existed  for 
measures  of  protection  of  this  character,  inasmuch  as  there  was  danger  of  an  ex- 
tensive body  of  timber  falling  into  the  hands  of  Eastern  speculators  through 
process  of  fraudulent  entry.  There  was  even  some  local  sentiment  in  favor  of 
creating  the  reserve,  and  those  at  the  bottom  of  the  scheme  merely  took  advant- 
age of  all  the  surrounding  conditions  in  order  to  carry  out  the  general  plan  of 
plunder. 

By  virtue  of  their  sovereignty,  each  public  land  State  is  granted  the  16th 
and  36th  sections  of  every  township  within  its  borders  for  school  purposes  at  the 
time  of  its  admission  into  the  union.  These  are  consequently  known  as  school 
lands.  In  cases  where  any  portion  of  a  school  section  becomes  lost  to  the  State 

Page    347 


either  by  reason  of  being  included  in  an  Indian  or  Military  reservation,  returned 
as  mineral  in  character,  or  taken  under  the  homestead  laws  of  the  United  States 
by  a  settler  before  approval  of  the  survey  by  the  United  States  Surveyor-General, 
the  State  is  entitled  to  indemnity  therefor,  and  can  select  other  vacant  Govern- 
ment lands  in  lieu  thereof.  By  reason  of  the  fact  that  the  "base"  thus  created  is 
available  in  exchange  for  other  lands,  it  is  clothed  with  aq  increased  valuation, 
and  at  present  such  base  lands  are  worth  S8.50  an  acre"  in  Oregon,  and  are 
sold  by  the  State  Land  Board  at  that  figure. 

In  the  case  of  the  school  sections  within  the  limits  of  the  proposed  Blue 
Mountain  Forest  Reserve,  however,  the  situation  was  different.  These  sections — 
or  a  large  majority  of  them — had  been  surveyed  by  the  Government  and  were 
"in  place" — that  is,  subject  to  sale  direct  by  the  State,  and  at  that  time  could  not 
be  used  as  the  basis  of  selection  for  lands  belonging  to  the  United  States.  Inas- 
much as  a  large  percentage  of  the  school  sections  within  the  limits  of  the  proposed 
reserve  were  of  comparatively  small  intrinsic  value,  being  mostly  "culls"  and 
worthless  tracts,  they  were  still  vacant,  or  unappropriated,  and  it  was  principally 
with  reference  to  these  lands  that- the  indictment  in  the  Blue  Mountain  Forest 
Reserve  case  had  to  do.  The  only  way  these  tracts  could  be  made  available  for 
use  as  base  in  making  an  indemnity  selection  would  be  through  their  purchase 
from  the  State  by  an  applicant  before  the  creation  of  the  reserve,  and  after 
securing  a  deed  from  the  State,  to  then  transfer  them  to  the  United  States  and 
select  other  lands  in  lieu  thereof.  In  this  respect  the  school  sections  would  be  on 
the  same  footing,  in  the  matter  of  exchange  with  the  Government  under  the 
Forest  Reserve  lieu  land  Act  of  June  4,  1897,  as  any  other  patented  tract,  and  the 
holders  of  title  would  have  then  been  permitted  to  make  an  exchange  with  the 
Government  for  any  of  its  vacant  lands  elsewhere.  The  Act  of  June  4.  1897 
was  repealed  before  the  Blue  Mountain  Forest  Reserve  was  finally  established, 
hence  the  scheme  of  the  conspirators  in  that  regard  was  defeated,  but  it  account •< 
for  their  desperate  efforts  to  secure  the  creation  of  the  reserve,  as  there  were 
approximately  44,000  acres  of  school  lands  still  unappropriated  within  the  borders 
of  the  proposed  reservation,  and  these  lands  could  have  been  purchased  from  the 
State  at  that  time  for  SI  .25  an  acre,  by  any  qualified  person  making  application 
for  320  acres.  By  reason  of  the  system  of  exchange  already  described,  wherein 
the  tracts  thus  secured  were  worth  from  \  ~  an  acre  as  lieu,  it  is  easy  to 

understand  the  motives  that  controlled  those  behind  the  plot  to  have  the  reserve 
created,  as  it  was  simply  an  attempt  to  legalize  a  method  of  trading  silver  dollars 
for  twenty  dollar  gold  pieces. 

The  evidence  at  the  trial  of  the  now  famous  Blue  Mountain  Forest  Reserve 
case  developed  the  fact  that  F.  P.  Mays  owned  a  ranch  in  Tygh  Valley.  \Yasco 
County,  Oregon,  and  that  on  July  1,  1901,  he  had  engineered  a  scheme — through 
Senator  Mitchell — to  have  a  small  addition  made  to  the  Cascade  Forest  Reserve. 
It  was  shown  also,  that  eventually  Mays  acquired  title  to  all  the  vacant  school 
lands  in  this  addition,  and  the  venture  proved  so  successful  and  profitable  that  he 
conceived  the  plan  of  having  a  much  larger  reserve  created.  Proceeding  upon 
this  idea,  a  great  many  ''dummy"  applicants  were  procured  from  the  "North  End." 
a  notorious  district  of  Portland,  who  filed  applications  covering  about  44,000  acres 
of  the  16th  and  36th  sections  that  were  known  to  fall  within  the  limits  of  the 
proposed  reserve. 

The  scheme  looked  so  good  to  those  concerned  that  eventually  Willard 
X.  Jones  and  H.  A.  Smith  (since  deceased)  were  taken  into  partnership,  as  it 
was  believed  by  Mays  that  there  was  plenty  to  go  around  among  his  close  friends, 
and  it  required  considerable  united  effort  to  handle  such  a  large  project  as  that 
contemplated. 

In  furtherence  of  the  conspiracy,  a  map  was  prepared  at  the  United  States 
Surveyor-General's  office  in  Portland,  upon  which  was  outlined  the  borders  of 
the  proposed  reserve.  A  blueprint  from  this  map  was  taken  by  Smith  to  Vale, 
Oregon,  where  he  was  met,  according  to  a  prior  arrangement,  by  A.  G.  King, 

Page   348 


then  County  Clerk  of  Malheur  County,  but  now  a  resident  of  Seattle,  Wash- 
ington. In  August,  1901,  King  visited  Portland  for  the  express  purpose  of 
consulting  with  Mays  upon  the  subject  of  taking  steps  towards  creating  the 
reserve,  and  in  October  of  that  year  called  upon  him  again  with  a  similar  object 
in  view.  During  this  latter  conference,  it  was  arranged  between  Mays  and 
Smith  to  pay  King  $4  per  day  and  all  expenses,  besides  giving  him  a  half-section 
of  school  land  for  his  services  in  circulating  a  petition  for  the  creation  of  the 
reserve,  and  in  working  up  community  sentiment  in  its  favor,  as  there  had  to  be 
some  show  of  legality  in  the  proceedings  in  order  to  avert  suspicion. 

In  December,  1901,  Mays  wrote  to  King  at  Yale,  informing  him  of  his 
intention  to  send  Forest  Superintendent  Salmon  B.  Ormsby  up  there  to  investi- 
gate and  report  upon  the  feasibility  of  creating  the  reserve,  and  for  King  to  meet 
him  in  a  buggy  and  show  him  around.  The  humor  of  the  situation  can  be  prop- 
erly understood  when  it  is  known  that  Ormsby  had  long  been  a  tool  of  Mays, 
who  was  aware  that  he  was  "reachable"  upon  almost  any  kind  of  graft  propo- 
sition. To  send  the  Forest  Superintendent  upon  such  a  mission  is  capable  of  but 
one  interpretation — to  pull  the  wool  over  the  eyes  of  the  public,  and  make  it 
appear  that  the  scheme  of  creating  the  reserve  was  in  the  nature  of  an  official 
recommendation.  It  will  be  observed  that  Mr.  Mays  was  a  distinguished  diplomat 
when  measures  of  this  character  were  involved,  and  that  he  possessed  a  wise 
conception  of  the  proprieties  in  almost  every  crooked  transaction  undertaken  by 
him. 

Through  the  confessions  of  King  during  the  trial  of  the  Blue  Mountain 
case,  it  was  learned  that  the  County  Clerk  had  sublet  his  $4  a  day  contract  to  a 
local  barkeeper  named  O.  E.  Pollock,  who  was  allowed  $2.50  a  day  and  expenses 
for  circulating  the  petitions,  and  that  quite  a  number  of  the  signatures  thereto 
were  very  considerately  written  by  this  man,  as  the  conspirators  were  crowded 
for  time,  and  it  was  necessary  to  make  as  good  a  showing  as  possible.  It  was 
proved  also  that  Senator  Mitchell  took  a  hand  in  the  game  by  exercising  his 
influence  with  the  Interior  Department  and  General  Land  Office  to  expedite  the 
creation  of  the  reserve,  and  for  his  part  in  the  proceedings,  the  Senator  was 
indicted  with  the  other  defendants.  He  died,  however,  before  the  case  came 
to  trial. 

Presumably  on  the  strength  of  the  different  petitions  and  representations, 
Binger  Hermann,  who  was  then  Commissioner  of  the  General  Land  Office,  on 
March  19,  1902,  instructed  Forest  Superintendent  Ormsby  to  examine  th'e  land 
and  report  upon  the  advisability  of  creating  the  reserve.  On  April  14,  1902, 
Ormsby  went  to  Mays'  office,  and  was  informed  that  Smith  would  accompany 
him  on  his  tour  of  inspection,  but  instead  a  guide  named  William  Henry  Harrison 
went  with  the  forest  superintendent  on  his  tour. 

Ormsby  returned  from  his  trip  May  24,  1902,  and  reported  to  Mays.  W. 
X.  Jones  was  also  present,  and  after  Ormsby  had  told  what  had  been  accomplish- 
ed, Mays  suggested  to  Jones  that  Ormsby  should  be  given  two  school  sections 
as  a  reward  for  his  fidelity.  At  this  Ormsby  edged  towards  the  door,  and  upon 
being  followed  by  Mays,  told  the  latter  that  he  did  not  wish  to  talk  before  Jones, 
who  was  a  stranger  to  him,  but  referred  Mays  to  a  Portland  attorney  named 
W.  M.  LaForce,  who  later  went  to  Mays'  office  and  secured  an  envelope  contain- 
ing deeds  for  two  sections  of  school  lands,  which  were  to  be  held  in  escrow  until 
the  reserve  was  established. 

While  all  these  arrangements  were  being  made,  the  association  of  get- 
rich-quick  operators  received  a  hard  jolt  in  the  shape  of  direct  information  that 
there  was  a  leak  somewhere,  and  that  they  were  likely  to  experience  serious 
competition  in  their  scheme  to  corral  all  the  school  lands  in  the  proposed  reserve. 
It  seems  that  Dan  W.  Tarpley  was  on  the  most  friendly  terms  with  Merritt 
Ormsby,  the  son  of  the  Forest  Superintendent,  and  as  has  been  shown  frequently 
heretofore,  found  a  great  deal  of  profit  as  well  as  pleasure,  in  this  acquaintance- 
ship. One  day  in  a  burst  of  confidence,  young  Ormsby  told  Tarpley  that  his 

Page    350 


father  was  engineering  a  big  forest  reserve  scheme  somewhere  in  Eastern  Ore- 
gon, but  was  not  sufficiently  on  the  inside  to  know  exactly  what  territory  it  was 
proposed  to  include  in  the  boundaries  of  the  new  reserve.  The  mere  suggestion 
of  such  a  thing  was  enough  for  the  quick-witted  Tarpley,  however,  and  he  lost 
no  time  in  apprising  Horace  G.  McKinley  of  the  situation.  The  pair  went  on  a 
still  hunt,  with  the  result  that  they  succeeded  in  unearthing  the  original  map  that 
had  been  prepared  at  the  Surveyor-General's  office,  and  for  a  consideration, 
secured  a  blue  print  thereof,  thus  placing  them  on  an  equal  footing  with  those 
who  had  already  gone  to  much  trouble  and  expense  in  starting  the  ball  rolling. 

The  manner  in  which  Tarpley  became  aware  of  the  proposed  reserve  is 
best  told  by  his  testimony  while  on  the  witness  stand  during  the  trial. 

"I  first  obtained  information  concerning  the  proposed  reserve  in  April, 
1902,  from  Captain  Ormsby's  son,  Merritt,  in  his  father's  office  at  Salem,"  tes- 
tified Tarpley.  "It  was  contained  in  a  letter  from  the  Commissioner  of  the  Gen- 
eral Land  Office  to  the  Forest  Superintendent.  After  reading  it,  I  took  steps  to 
secure  the  school  sections  in  the  limits  of  the  new  reserve  as  described  in  the 
letter.  I  first  made  a  map  of  the  country,  and  then  went  to  the  State  Land  Board 
and  looked  up  the  vacant  sections,  finding  about  20,000  acres  in  that  condition. 
I  reported  these  facts  to  McKinley  here  in  Portland,  and  he  told  me  about  a  man 
named  R.  S.  Hyde,  from  Wisconsin,  who  was  stopping  here,  and  who  agreed  to 
put  up  $4,000  in  getting  hold  of  the  school  sections.  The  next  day  McKinley, 
Hyde's  son  and  myself  went  up  to  Salem  and  purchased  16,000  acres  of  this 
quantity,  paying  25  cents  an  acre  down,  the  majority  of  the  certificates  of  sale 
being  left  in  Hyde's  hands  as  security  for  the  money  he  had  advanced. 

"The  first  16,000  acres  McKinley,  Hyde,  Merritt  Ormsby  and  myself  were 
interested  in,  and  the  other  1,500  acres  McKinley  and  myself  owned  between  us. 
About  May  1,  1902,  I  was  told  that  Mays  wanted  to  see  me.  When  I  called  at 
his  office,  he  told  me  that  he  understood  that  I  had  bought  some  lands  in  the  Blue 
Mountain  Forest  Reserve.  I  replied  that  I  had,  and  he  said  that  they  were  some 
he  expected  to  buy,  and  demanded  that  I  should  give  him  one-half  of  my  cer- 
tificates. I  asked  him  why,  and  he  replied  that  it  was  because  of  the  expense  of 
getting  the  reserve  through.  I  answered  that  there  were  about  200,000  acres  of 
school  lands  within  the  limits  of  the  proposed  reserve,  and  if  each  section  was 
assessed  upon  the  same  basis  as  our  lands,  the  cost  of  getting  it  through  would 
have  amounted  to  about  $500,000. 

"Later  I  met  W.  M.  La  Force  in  the  Chamber  of  Commerce  building,  and 
he  informed  me  that  Mays  wanted  to  see  me  again.  I  told  Mays  that  I  would 
give  him  a  sufficient  number  of  the  certificates  of  sale  to  amount  to  50 
cents  an  acre  on  all  the  land  I  owned,  or  about  $8,500.  This  conversation 
must  have  been  before  the  withdrawal.  I  made  this  offer  without  con- 
sulting McKinley." 

Although  getting  a  late  start  in  the  race,  McKinley  and  Tarpley  made 
up  considerable  ground  by  rounding  up  a  sufficient  number  of  "dummies"  from 
the  favorite  North  End  precincts  to  embrace  17,500  acres  in  applications  for 
school  lands  within  the  proposed  reserve,  which  were  filed  by  them  at  the  State 
Land  Office  in  Salem  without  much  ceremony  or  delay.  They  would  have  taken 
more  had  the  circumstances  justified,  but  as  it  was,  they  gobbled  up  all  they  could 
under  a  hurry  order.  Even  as  it  was,  several  thousand  dollars  was  required  by 
McKinley  and  Tarpley  to  swing  the  deal,  and  in  order  to  raise  this  amount,  it 
became  necessary  for  McKinley  to  keep  the  wires  hot  in  all  directions  of  the 
country,  as  time  was  exceedingly  valuable  about  then. 

Evidently  Mays  in  some  way  became  cognizant  of  the  fact  that  there  was 
trouble  brewing,  as  he  hurried  George  Sorenson  up  to  Salem  with  as  much  dispatch 
as  possible,  equipped  with  a  sufficient  quantity  of  "dummy"  applications  to  cover 
44,000  acres  of  school  lands,  or  practically  the  entire  available  area.  He  arrived 
too  late,  however,  and  met  McKinley  and  Tarpley  coming  down  the  steps  of  the 
State  Land  Office  with  their  countenances  wreathed  in  smiles  that  told  their  own 

Page    351 


story  of  a  victorious  achievement.  Sorenson  filed  claims  to  all  the  remaining 
lands,  however,  and  limped  back  to  Portland,  where  he  imparted  the  sad  news 
to  Mays,  who  as  usual,  blamed  him  for  all  his  misfortunes. 

It  may  be  stated  in  this  connection  that  while  Sorenson  attended  to  these 
details  for  Mays,  and  was  indicted  jointly  with  the  latter  and  Jones  for  his  con- 
nection with  the  scheme,  it  is  believed  that  as  a  matter  of  fact,  he  did  not  profit 
to  the  extent  of  a  dollar  by  the  operation,  his  services  in  this  regard  being  con- 
siderably upon  the  "Happy  Hooligan"  order.  At  all  events,  Sorenson  has  never 
been  sentenced,  and  it  is  thought  that  the  Government's  knowledge  of  the  situa- 
tion may  have  had  something  to  do  with  this  exemption. 

Mays  was  furious  when  he  learned  about  the  interference  of  McKinley 
and  Tarpley,  whom  he  regarded  as  interlopers,  and  immediately  summoned 
Tarpley  into  his  august  presence.  After  assuring  the  young  man  that  he  had 
committed  the  most  unpardonable  offense  of  "butting  in"  on  one  of  his  choicest 
and  most  delicate  morsels  of  plunder,  he  warned  Tarpley  that  unless  himself  and 
McKinley  yielded  up  one-half  of  all  the  land  they  had  located,  he  would  have 
their  school  sections  "checkerboarded"  when  it  came  to  a  show-down — that  i^. 
omitted  from  the  reserve  pretty  much  after  the  fashion  pursued  by  the  Govern- 
ment in  connection  with  the  Santa  Fe  Railway  Company's  lands  in  the  San 
Francisco  Mountain  Forest  Reserve  in  Arizona,  by  having  only  the  even  num- 
bered sections  in  the  reserve  embraced  therein,  and  excluding  the  odd  sections 
owned  by  the  railroad  corporation. 

The  bluff  worked  to  a  certain  extent  upon  McKinley  and  Tarpley.  as  it 
appears  they  held  a  consultation  upon  the  subject,  and  wound  up  by  offering 
Mays  50  cents  an  acre  upon  all  the  lands  they  had  fished  from  him,  aggregating 
an  amount  equivalent  to  about  $8,500. 

"Fifty  cents,  indeed!"  fairly  stormed  Mays.  "Why.  that  wouldn't  pay  for 
the  two  fellows  we  have  in  Washington !" 

McKinley  and  Tarpley  thereupon  made  a  careful  study  of  their  map.  and 
upon  ascertaining  that  it  would  be  impossible  for  Mays  to  checkerboard  their 
holdings  without  impairing  his  own,  advised  him  to  seek  a  locality  famed  for  the 
tropical  character  of  its  temperature. 

As  McKinley  had  to  borrow  all  the  money  with  which  to  purchase  the 
lands  from  the  State,  he  was  obliged  to  sell  them  almost  as  soon  as  the  certificates 
were  issued  by  the  Land  Board.  It  proved  to  be  a  fortunate  thing  for  him  in  this 
respect,  as  he  received  82.50  an  acre  for  lands  that  cost  him  $1.25.  and  had  the 
satisfaction  of  knowing  that  himself  and  Tarpley  were  the  only  ones  that  profited 
to  any  great  extent  on  the  deal,  as  only  a  temporary  withdrawal  of  the  territory 
embraced  in  the  proposed  reserve  was  made  at  first,  and  pending  this  condition 
the  Act  of  June  4,  1897,  was  repealed,  so  that  when  the  reserve  was  finally 
established,  the  opportunity  had  passed  for  using  the  school  sections  as  basis  of 
selection  for  other  lands. 

Those  to  whom  McKinley  sold  purchased  with  their  eyes  open,  as  they 
were  well  aware  that  they  were  taking  chances  on  the  reserve  being  rejected,  thus 
rendering  their  holdings  of  no  value  for  lieu.  Neither  did  the  tracts  possess  any 
intrinsic  value,  as  they  were  the  "culls"  of  various  townships  in  the  proposed 
reserve,  and  so  absolutely  worthless,  in  fact,  that  they  had  never  been  applied 
for  before.  Had  there  been  no  repeal  of  the  Act  of  June  4,  however,  they  would 
have  become  available  for  making  forest  reserve  lieu  selections,  and  commanded  .1 
ready  sale  at  from  $5  to  S7  an  acre,  as  one  kind  of  land  would  have  been  as  good 
as  any  other  under  such  conditions,  the  Act  in  question  providing  that  the  owner 
of  any  tract  of  patented  land  in  a  forest  reserve  had  the  option  of  exchanging  his 
holdings  for  any  unappropriated  surveyed  Government  land  on  the  outside. 

Fred  A.  Kribs  was  a  heavy  loser  by  the  operation,  as  he  invested  exten- 
sively in  the  tracts  controlled  by  McKinley  and  Tarpley  under  the  supposition  that 
they  were  hard  up,  and  that  he  was  obtaining  a  gilt-edged  bargain  by  squeezing 
them  a  little  bit. 

Page    352 


George  Sorenson,  one  of  the  defendants  in 

the  Blue  Mountain  Forest 

Reserve  case 

Ormsby  managed  to  get  in  out  of  the  wet  also  by  realizing  a  net  profit 
of  $1,000  on  the  two  pieces  that  had  been  donated  him  by  Mays  and  Jones  out 
of  their  kindness  of  heart. 

It  was  the  understanding  that  Senator  Mitchell  was  to  receive  2,000  acres 
for  his  services  in  expediting  the  creation  of  the  reserve,  and  it  is  thought  that 
Binger  Hermann's  stand-in  with  Mitchell  in  this  connection  formed  the  basis  of 
the  indictment  that  wras  returned  against  the  ex-Land  Commissioner  by  the  Fed- 
eral Grand  Jury.  At  all  events,  Hermann  and  Williamson  are  soon  to  be  tried 
under  this  indictment,  Williamson's  alleged  activity  in  assisting  in  the  promotion 
of  the  reserve  being  the  chief  reason  for  his  connection  with  the  criminal  pro- 
ceeding. The  creation  of  the  reserve  was  strongly  opposed  by  the  adjacent  stock- 
raisers,  as  well  as  the  mining  interests  of  the  different  counties  affected  by  its 
boundaries,  and  they  enlisted  the  services  of  Ex-Senator  McBride  with  a  view  of 
defeating  the  measure.  On  July  27,  1902,  Joseph  Simon,  then  a  United  States 
Senator  from  Oregon,  wrote  a  strong  letter  to  Commissioner  Hermann  on  behalf 
of  a  number  of  constituents,  protesting  against  the  inclusion  in  any  reserve  of 
certain  lands  in  Malheur  County. 

Page    353 


On  October  25,  1902,  C.  A.  Johns,  a  prominent  citizen  of  Baker  City,  and 
at  one  time  a  candidate  for  Governor  of  the  State,  headed  a  delegation  from 
Eastern  Oregon  for  the  purpose  of  calling  upon  Senator  Mitchell  and  protesting 
against  the  reserve.  Those  accompanying  Johns  upon  this  occasion  were  John 
L.  Rand,  joint  Senator  from  Baker,  Malheur  and  Harney  Counties ;  J.  H.  Rob- 
bins,  a  member  of  the  legislature  from  Baker  County,  and  connected  with  the 
First  National  Bank  of  Sumpter;  N.  C.  Richards,  an  attorney  of  Sumpter;  Emil 
Melzer,  of  the  North  Pole  mine ;  Clark  Tabor,  Mr.  Muller  and  Judge  Fassett. 

Johns  telephoned  to  Senator  Mitchell,  making  an  appointment,  and  the 
delegation  met  him  in  a  reception  room  of  the  Hotel  Portland.  They  urged  the 
necessity  of  having  the  order  creating  the  reserve  revoked,  but  were  informed 
by  the  Senator  that  it  would  do  no  good,  as  the  creation  of  forest  reserves  was  a 
pet  hobby  of  President  Roosevelt.  They  were  likewise  told  by  Senator  Mitchell 
that  he  had  received  a  petition  which  he  had  presented  to  the  General  Land  Office, 
asking  for  the  creation  of  the  reserve,  and  promised  to  send  the  delegation  a 
copy  of  it,  but  never  did. 

The  order  for  the  withdrawal  of  the  Blue  Mountain  Forest  Reserve  from 
settlement  was  made  by  Acting  Secretary  Ryan  on  July  23,  1902.  Secretary 
Hitchcock  never  saw  the  letter  of  recommendation  written  by  Commissioner  Her- 
mann July  2,  1902,  which  was  introduced  in  evidence  at  the  trial,  and  reads  as 
follows : 

Sir:  I  am  in  receipt,  by  reference  from  the  Department,  for  consideration  and 
appropriate  action,  of  a  letter  dated  June  21,  1902.  from  the  acting  director  of  the 
Geological  Survey,  recommending  the  reservation  of  lands  in  Oregon  for  forest  reserve 
purposes,  the  said  letter  being  in  part  as  follows: 

"2 — I  recommend  that  in  the  Blue  Mountains,  and  the  ridges  stretching  westward 
therefrom,  a  reserve  be  created,  extending  from  southeastern  Washington  to  a  point  north 
of  Prineville.  but  broken  on  the  line  of  the  O.  K.  &  N.  Company's  railroad.  This  reserve 
to  be  known  as  the  Blue  Mountain  Forest  Reserve.  The  timber  consists  throughout  almost 
entirely  of  yellow  pine,  in  an  open  forest,  and  its  protection  will  be  an  aid  to  the  mines 
in  the  neighborhood  of  Baker  City,  and  to  agricultural  interests  in  the  valley,  whose 
water  comes  from  these  mountains. ' ' 

I  now  have  the  honor  to  transmit  a  report  from  Forest  Superintendent  S.  B.  Ormsby, 
recommending  the  reservation  of  certain  lands  in  this  region,  a  considerable  portion  of 
which  have  not  been  so  recommended  by  the  Geological  Survey.  I  transmit  also  two 
letters  from  F.  P.  Mays,  of  Portland,  Or.,  urging  the  early  temporary  withdrawal  of  the 
lands  proposed  to  be  included  within  the  reserve. 

By  green  shading  upon  the  map,  which  was  submitted  by  the  acting  director,  I 
have  indicated  the  additional  lands  recommended  by  Superintendent  Ormsby  for  reserva- 
tion. In  view  of  Superintendent  Ormsby 's  report  and  the  statements  contained  in  Mays' 
letters,  I  respectfully  recommend  that  I  be  directed  to  make  immediate  temporary  with- 
drawal of  the  additional  lands  covered  by  Superintendnt  Ormsby 's  recommendation,  as 
well  as  the  lands  covered  by  the  recommendation  of  the  acting  director,  and  that  Superin- 
tendent Ormsby 's  report  be  forwarded  to  the  Geological  Survey  for  consideration  by  that 
bureau  with  regard  to  the  advisability  of  permanently  reserving  the  additional  lands 
therein  recommended  for  reservation.  Very  respectfully, 

BINGER  HERMANN. 

According  to  the  testimony  of  W.  Scott  Smith,  private  secretary  to  Secre- 
tary of  the  Interior  Hitchcock,  given  at  the  trial  of  the  Blue  Mountain  case,  the 
advance  information  that  the  reserve  was  about  to  be  established  was  given  out  by 
Commissioner  Hermann  to  the  Portland  Oregonian  correspondent,  and  did  not 
emenate  from  the  Secretary's  office.  It  developed  from  the  testimony  of  this  wit- 
ness that  Harry  Brown,  the  Oregonian  correspondent  in  Washington,  was  greatly 
prejudiced  against  Secretary  Hitchcock,  and  as  a  result  of  a  systematic  course  of 
misrepresentation  concerning  Secretary  Hitchcock  that  had  been  pursued  by 
Brown  in  connection  with  his  reports  to  the  Oregonian,  the  correspondent  was 
denied  the  privilege  of  the  Secretary's  office.  It  was  also  shown  that  the  news  of 
the  withdrawal  of  the  Blue  Mountain  Reserve  lands  was  wired  to  the  Oregonian 
on  the  night  of  July  22,  1902,  the  day  before  the  withdrawal  was  officially  made. 
Brown  later  admitted  on  the  witness  stand  that  he  had  secured  this  advance  infor- 
mation from  Commissioner  Hermann. 

Page    354 


Marion  R.  Biggs,  one  of  the  defendants  in 
the  Williamson  case 


The  trial  of  the  Blue  Mountain  case  was  notable  in  several  essential  partic- 
ulars. It  holds  the  record  for  being  the  longest  of  any  land  fraud  case  ever  con- 
ducted in  Oregon,  lasting  from  August  20  to  September  12,  1906,  with  night 
sessions.  The  jury  brought  in  a  sealed  verdict  at  1 :45  o'clock  on  the  morning  of 
September  13,  finding  all  three  defendants  guilty  as  charged  in  the  indictment.  On 
May  3,  1907,  Judge  Wolverton  sentenced  Mays  to  pay  a  fine  of  $10,000  and  serve 
four  months  in  the  Multnomah  County  jail  at  Portland,  while  Jones  was  given  a 
fine  of  $2,000  and  a  term  of  ten  months  in  the  County  jail.  The  United  States 
Circuit  Court  of  Appeals  sustained  the  verdict  of  conviction,  and  defendants  Mays 
and  Jones  were  remanded  to  the  custody  of  Marshal  Reed,  but  have  thus  far 

Page    356 


evaded  doing  time  by  reason  of  having  secured  a  writ  of  error  from  Judge 
\\~olverton,  staying  the  execution  of  sentence.  After  this  proceeding  has  been 
disposed  of,  both  defendants  will,  in  all  probability,  begin  serving  their  sentences. 
as  practically  their  last  hope  is  gone. 

The  Government  in  this  case  was  represented  by  Francis  J.  Heney,  Special 
Assistant  to  the  United  States  Attorney-General,  of  San  Francisco,  and  \Yilliam 
C.  Bristol,  United  States  Attorney  for  Oregon,  while  \Yilliam  D.  Fenton,  of  Port- 
land, and  James  D.  Fenton,  and  W.  Lair  Hill,  of  Seattle,  appeared  for  Mays; 
Judge  Martin  L.  Pipes,  of  Portland,  and  S.  B.  Huston,  of  Hillsboro,  for  Jones, 
and  Alex.  Sweek,  of  Portland,  for  Sorenson. 

It  was  unquestionably  one  of  the  most  bitterly-contested  cases  yet  tried  in 
connection  writh  the  land  frauds,  as  the  three  defendants  were  ably  represented  by 
some  of  the  best  legal  talent  of  Oregon  and  Washington,  Judge  \Y.  D.  Fenton 
being  the  chief  counsel  for  the  Southern  Pacific  Company  at  Portland.  He  is  a 
man  of  brilliant  legal  attainments,  and  considered  one  of  the  ablest  lawyers  of  the 
Northwest.  No  man  could  have  fought  more  earnestly  or  conscientiously  for  a 
client.  W.  Lair  Hill  also  enjoys  a  splendid  reputation  as  an  advocate,  and  was  in 
addition  a  personal  friend  and  former  professional  associate  of  Mays  at  The 
Dalles.  No  stone  was  left  unturned  in  the  effort  to  save  the  accused,  but  their 
guilt  was  too  firmly  established  by  the  overwhelming  mass  of  evidence  introduced 
by  the  prosecution  to  be  overcome  by  the  small  amount  of  testimony  offered  in 
their  behalf.  It  was  during  the  course  of  Mr.  Heney's  closing  argument  that  some 
of  the  most  sensational  features  of  the  whole  case  developed.  A  great  crowd  had 
gathered  to  hear  the  distinguished  prosecutor,  and  his  appearance  in  the  crowded 
courtroom  was  the  signal  for  general  applause  from  the  spectators,  which  was 
checked  instantly  by  the  bailiff.  Judge  Hunt,  who  presided  at  the  long  trial, 
threatening  to  clear  the  courtroom  if  the  offense  was  repeated. 

At  one  stage  of  his  impassioned  address  to  the  jury.  Mr.  Heney  was  inter- 
rupted by  Judge  Fenton,  and  the  Government  prosecutor  retorted  rather  heatedly : 

"It  doesn't  make  any  difference,  Mr.  Fenton,  before  I  get  through  I  will 
skin  you  from  the  top  of  your  head  to  the  soles  of  your  feet." 

"If  you  do,"  responded  Fenton  with  equal  warmth,  "I  am  willing  to  leave 
my  hide  in  the  jury  box  where  I  have  six  personal  friends !" 

This  was  considered  an  unfortunate  remark  by  Judge  Fenton,  and  was 
probably  made  under  the  excitement  of  the  moment,  as  it  was  a  reflection,  in  a 
way,  upon  the  integrity  of  the  jurors,  and  one  that  was  evidently  not  relished  by 
them  to  any  great  extent,  if  their  scowling  features  was  any  criterion. 

George  Sorenson  has  never  been  sentenced,  and  it  is  questionable  whether 
he  ever  will  be,  as  the  Government  seems  satisfied  that  he  should  not  have  been 
convicted  under  the  evidence  brought  out  against  him  in  this  case,  his  connection 
therewith,  so  far  as  the  testimony  went,  being  that  of  an  agent  for  the  other  de- 
fendants, and  it  was  not  shown  that  he  held  any  interest  in  the  lands  sought  to 
be  fraudulently  acquired. 


Page   356 


Chapter  XXIII 


John  H.  Hall's  repeated  efforts  to  protect  his  political  associates  from  criminal 
prosecution  for  violations  of  the  Federal  statutes  results  in  his  conviction 
for  conspiracy  in  the  Butte  Creek  Land,  Livestock  &  Lumber  Company 
Case,  during  zvhich  a  gigantic  scheme  of  inclosing  Government  land  is  laid 
bare — Nearly  20,000  acres  of  the  public  domain  is  inclosed  in  a  vast 
pasture  by  the  wealthy  corporation,  but  the  persistency  of  Edward  A.  Put- 
nam, a  small  stockraiser,  in  fighting  for  his  rights,  is  the  David  that 
destroys  the  Goliah  of  evil — Senator  Fulton's  name  is  brought  under  an 
unpleasant  limelight  by  the  Court  proceedings,  and  the  inactivity  of  former 
United  States  Attorney  Hall  is  established  clearly  by  the  testimony, 
especially  where  those  "higher  up"  were  involved — George  C.  Brownell, 
the  uncrowned  king  of  Clackamas  county  politics,  is  absolved  from  blame 
by  Government  Prosecutor  Heney,  as  a  result  of  Henry  Meldrum's 
confessions. 

ON  February  13,  1905,  the  Federal  Grand  Jury  of  Oregon  returned  an  in- 
dictment against  John  H.  Hall,  charging  him  with  conspiracy  to  defraud 

the  Government  of  its  public  lands  under  section  5440,  of  the  United 
States  Revised  Statutes.  He  was  not  brought  to  trial  until  January  13,  1908,  and 
after  the  case  had  lasted  twenty-three  days,  the  jury,  late  one  Friday  night 
brought  in  a  verdict  of  guilty,  so  it  would  seem  that  Mr.  Hall  was  up  against  it 
all  around  from  a  "hoodoo"  standpoint. 

Hall  had  been  indicted  jointly  with  Winlock  W.  Steiwer,  Hamilton  H. 
Hendricks,  Clarence  B.  Zachary,  Adelbert  C.  Zachary,  Charles  A.  Watson,  Clyde 
E.  Glass,  Binger  Hermann,  Edwin  Mays,  Franklin  P.  Mays,  Clark  E.  Loomis 
and  Edward  D.  Stratford,  for  his  alleged  connection  with  the  fencing  of  a  large 
body  of  Government  land  in  Wheeler  County,  Oregon,  by  the  Butte  Creek  Land, 
Livestock  and  Lumber  Company,  of  which  Steiwer  was  president,  Hendricks 
secretary  and  general  manager,  and  Zachary  superintendent.  A.  C.  Zachary, 
Charles  A.  Watson  and  Clyde  E.  Glass  were  employes  of  the  corporation,  and 
had  been  drawn  into  the  law's  drag  net  on  account  of  having  been  used  as 
"dummies"  in  making  bogus  homestead  entries  for  the  benefit  of  the  Livestock 
Company.  Hermann  had  been  Commissioner  of  the  General  Land  Office,  and 
was  believed  to  have  had  knowledge  of  the  illegal  operations  of  the  corporation. 
Edwin  Mays  was  Hall's  assistant  in  the  United  States  Attorney's  office  at  the 
time  the  offenses  were  alleged  to  have  occurred,  while  F.  Pierce  Mays,  his  brother, 
was  attorney  for  the  Butte  Creek  Company,  and  had  used  his  influence  with  Hall 
to  have  civil,  instead  of  criminal,  proceedings  brought  against  the  concern. 
Loomis  and  Stratford  were  the  two  crooked  special  agents  of  the  General  Land 
Office  who  had  been  sent  to  investigate  the  illegal  inclosure,  and,  as  usual,  found 
nothing  wrong. 

By  some  mysterious  process,  only  Hall  and  Edwin  Mays  were  placed  on 
trial  when  the  case  reached  an  issue  in  Court,  and  whiJe  the  case  was  pending, 
Steiwer,  Hendricks  and  C.  B.  Zachary  entered  pleas  of  guilty  and  became  wit- 
nesses for  the  prosecution.  F.  P.  Mays  also  took  the  stand  as  a  Government 
witness,  but  developed  such  a  poor  memory  of  events  that  his  testimony  was 
not  of  much  consequence  for  either  side,  and  in  the  charity  of  his  heart,  special 
prosecutor  Heney  dismissed  all  the  remaining  cases  against  him,  he  having 
already  been  convicted  in  the  Blue  Mountain  Forest  Reserve  case,  and  it  was 
thought  that  the  state  of  his  health  would  not  permit  any  further  ordeals  of 

Page  357 


trial.  In  the  course  of  the  proceedings,  Mr.  Heney  also  recommended  the  dis- 
missal of  the  case  against  Edwin  Mays,  upon  the  ground  that  the  evidence  pro- 
duced did  not  warrant  conviction,  so  that  in  the  end  the  former  United  States 
Attorney  for  Oregon  was  left  alone  ''like  some  banquet  hall  deserted." 

A  number  of  peculiar  situations  were  developed  at -the  trial,  and  as  they 
all  relate  more  or  less  to  the  general  system  of  plundering  the  public  domain,  it 
is  just  as  well  to  give  a  brief  outline  of  the  circumstances  leading  up  to  the 
indictment. 

The  town  of  Fossil,  in  \VTieeler  County,  Oregon,  was  the  base  of  opera- 
tions for  the  Butte  Creek  Land,  Livestock  &  Lumber  Company,  a  wealthy  con- 
cern that  controlled  a  great  many  commercial  and  political  interests  in  that  section 
of  the  country.  It  had  large  holdings  in  the  neighborhood,  including  a  general 
merchandise  store  at  Fossil,  was  owner  of  the  local  sawmill,  and  besides  owned 
extensive  properties  in  the  shape  of  land  thereabouts.  In  fact,  it  had  full  sway 
in  almost  every  sense,  and  as  usual  in  such  instances,  carried  things  with  a  high 
hand. 

Adjacent  to  the  conflux  of  Butte  Creek  w-ith  the  John  Day  river,  was  a 
large  body  of  Government  land,  aggregating  nearly  20,000  acres,  and  valuable 
chiefly  for  grazing  purposes.  It  was  so  situated  that  by  comparatively  slight 
effort,  the  entire  tract  could  be  converted  into  an  immense  pasture,  at  little 
expense,  as  a  line  of  '"rimrock"  (high  rock}'  bluffs)  formed  an  impenetrable 
barrier  for  quite  a  distance,  so  that  all  that  was  necessary  to  complete  the  in- 
closure  and  thus  create  a  great  "corral,"  was  to  construct  a  line  of  fences  connect- 
ing the  various  "rimrock"  formations.  This  had  been  done  by  the  Butte  Creek 
Land,  Livestock  &  Lumber  Company  in  such  manner  that  individual  settlers 
thereabouts  were  prevented  from  enjoying  the  privileges  of  the  range,  and 
natural!}*  there  was  much  discontent  in  the  community,  especially  when  it  is 
considered  that  the  corporation  had  men  in  its  employ  whose  duty  was  to  prevent, 
by  armed  force,  if  necessary,  any  trespass  upon  its  illegal  holdings,  or  interfer- 
ence with  its  plan  to  divert  the  broad  acres  to  its  own  use  and  benefit. 

Matters  finally  reached  such  an  acute  stage  that  early  in  1900  Edward 
A.  Putnam,  one  of  those  who  had  settled  in  the  country  under  the  mistaken  idea 
that  he  w?ould  be  protected  in  his  rights,  began  a  systematic  effort  to  have  the 
illegal  inclosure  removed.  Putnam  naturally  concluded  that  inasmuch  as  he  was 
an  actual  settler  in  the  neighborhood,  and  was  endeavoring,  in  a  small  way.  to 
get  along  in  life,  besides  being  an  American  citizen  as  well,  that  he  had  just  as 
much  right  to  the  use  of  the  unappropriated  lands  as  anybody  else,  and  only 
found  out  his  mistake  when  he  attempted  to  carry  out  some  of  his  foolish  ideas 
by  driving  a  band  of  stock  onto  the  disputed  territory.  Then  it  was  that  he  was 
made  to  feel  the  iron  heel  of  despotism,  and  to  realize  that  a  poor  man  has  about 
as  much  show  where  a  big  corporation  is  involved,  as  a  snowball  would  for 
perennial  existence  in  the  lower  regions. 

He  was  not  only  threatened  by  hired  thugs  of  the  company,  but  upon  more 
than  one  occasion  was  actually  assaulted  for  his  audacity  in  daring  to  infringe 
upon  the  assumed  prerogative  of  aggregated  wealth.  This  sort  of  thing  became 
\vearisome  in  time,  and  as  a  last  resort  he  told  his  troubles  to  Binger  Hermann, 
then  Commissioner  of  the  General  Land  Office.  In  this  respect  his  efforts  re- 
sembled an  attempt  to  convict  someone  for  illicit  distilling  before  a  jury  of  moon- 
shiners, as  Hermann  was  about  as  closely  allied  to  anything  inimical  to  the 
people's  interests  as  a  person  could  possibly  be  without  too  much  publicity.  After 
much  persuasion,  however,  he  sent  Special  Agent  C.  E.  Loomis  (he  of  11-7  notor- 
iety I  to  investigate  the  alleged  illegal  inclosure — with  the  usual  result.  Loomis 
made  his  headquarters  at  the  residence  of  H.  H.  Hendricks.  secretary  and  gen- 
eral manager  of  the  Butte  Creek  Land,  Livestock  &  Lumber  Company,  while  he 
was  on  this  mission,  and  of  course  was  lavishly  entertained  by  his  host  during 
his  stay  in  Fossil,  so  that  when  the  special  a^ent  sent  in  his  report  to  \Yashington 
it  told  of  nothing  but  a  philanthropic  purpose  on  the  part  of  the  cattle  barons. 

Pag*    358 


John  H.  Hall,  former  United  States  Attorney  for  Oregon,  who  was  dismissed 

from  office  and  later  convicted  for  shielding  his 

crooked  political  friends 


Hermann  was  equally  ready  to  believe  all  this,  because  Hendricks  at  one  time  had 
been  the  tutor  of  his  children,  and  the  Commissioner  was  susceptible  to  sympa- 
thetic influences. 

Years  went  by  without  any  definite  results  from  the  numerous  complaints 
of  the  settlers,  many  of  whom  became  disheartened  and  left  the  country.  Not  so 
with  Putnam,  however.  He  kept  pegging  away  at  the  Land-TDepartment  in  "\Ya?h- 
ington  until  at  last  Special  Agent  E.  D.  Stratford  (he  of  Kribs  and  C.  A.  Smith 
fame)  was  detailed  to  investigate  conditions.  It  was  the  same  old  story  about 
everything  being  all  right,  and  again  the  settlers  were  left  in  the  lurch,  and  again 
there  was  another  exodus  from  the  struggling  homesteads.  Putnam  must  have 
sprung  from  Revolutionary  stock,  however,  as  he  never  gave  up  hope — or  at  least, 
if  he  did,  it  had  been  replaced  by  a  determination  to  fight  it  out  on  that  line  if  it 
took  all  summer. 

His  letters,  crude  in  composition,  but  wonderfully  impressive,  kept  piling 
up  in  the  General  Land  Office  until  they  became  traditions.  He  sent  maps  drafted 
with  lead  pencil  on  brown  wrapping  paper  from  a  country  store  showing  the 
extent  to  the  depredations,  but  Hermann  was  too  busy  to  pay  any  further  attention 
to  them,  and  in  his  desperation  the  aid  of  the  United  States  Attorney  for  Oregon 
was  invoked  in  suppressing  the  evils.  Xot  being  well  up  in  the  world  on  such 
matters,  Putnam  thought  that  anything  relating  to  the  Department  of  Justice  was 
all  that  its  name  implied,  but  he  failed  to  take  the  fact  into  consideration  that 
John  H.  Hall  was  the  United  States  Attorney  before  whom  his  grievances 
were  laid. 

The  evidence  produced  during  the  trial  of  Hall  indicated  that  about  the 
only  active  interest  displayed  in  the  matter  by  the  United  States  Attorney  was  to 
use  the  situation  as  a  club  for  forcing  Steiwer — who  was  a  candidate  for  State 
Senator — to  vote  for  the  election  of  Charles  W.  Fulton  as  United  States  Senator, 
it  being  shown  that  Hall  was  an  aspirant  for  re-appointment,  and  that  both  Fulton 
and  Senator  Mitchell  could  be  relied  upon  to  support  him  for  the  position.  It 
was  brought  out  by  the  testimony  of  Steiwer  himself  that  Hall  had  made  intima- 
tions to  him  of  a  nature  to  convey  this  idea,  and  Hendricks  testified  also  that 
Hall  and  himself  had  discussed  this  feature  of  the  situation  at  a  private  confer- 
ence. At  all  events,  after  Fulton  had  been  elected  to  the  United  States  Senate, 
in  which  he  was  aided  by  Steiwers  vote — as  he  only  received  eleven  majority  at 
the  legislative  session  in  February,  1903 — nothing  further  was  done  in  connection 
with  the  charge  of  maintaining  the  illegal  inclosure  until  quite  a  while  afterwards. 

At  this  juncture  Putnam  and  his  associates  became  disgusted  with  condi- 
tions, and  finally  appealed  to  Secretary  of  the  Interior  Hitchcock.  The  latter 
lost  no  time  in  ordering  an  investigation,  with  the  result  that  Edward  W.  Dixon. 
at  that  time  a  Special  Agent  of  the  General  Land  Office,  but  now  Chief  of  Field 
Division  No.  3,  was  directed  to  make  a  careful  inquiry  into  the  situation.  In 
their  letter  to  Secretary  Hitchcock  appealing  for  aid.  the  settlers  had  declared 
that  inasmuch  as  President  Roosevelt  had  been  a  "rough  rider."  it  was  proper  that 
one  of  the  same  type  should  be  sent  to  make  the  investigations,  instead  of  some 
person  content  to  lay  around  comfortable  quarters  and  take  the  word  of  those 
interested  that  there  had  been  no  violations  of  law.  In  this  respect,  Dixon  an- 
swered every  requirement  of  the  settlers,  as  he  was  a  man  of  determined  char- 
acter, in  addition  to  being  thoroughly  honest  and  incorruptible.  It  was  such  a 
novelty,  in  fact,  for  the  settlers  to  come  in  contact  with  him,  after  their  experience 
with  special  agents  of  the  Loomis  and  Stratford  stripe,  that  it  became  difficult 
for  them  to  realize  that  their  long  and  earnest  prayers  for  salvation  were  about 
to  be  answered.  His  coming,  in  fact,  was  on  a  par  with  the  relief  of  the  be- 
leagured  garrison  at  Lucknow  by  the  Highlanders  during  the  Sepoy  insurrection, 
and  was  certainly  equally  as  welcome. 

Dixon  did  not  let  the  grass  grow  under  his  feet  when  he  found  out  that 
the  settlers  had  not  misrepresented  anything  in  their  complaints.  In  short,  he 
soon  ascertained  that  they  had  been  extremely  modest  in  that  regard,  and 
i 

Page  360 


Edward  A.  Putnam,  star  witness  for  the  Government  in  the  Hall 

case,  whose  persistency  brought  about  the  suppression  of  the 

Butte  Creek  Land,  Livestock  &  Lumber  Company's 

efforts  to  illegally  inclose  nearly  20,000  acres 

of  public  land  in  Wheeler  County,  Ore 

proceeded  to  lay  all  the  facts  before  United  States  Attorney  Hall,  accompanied  by 
the  recommendation  that  criminal  action  be  taken  at  once  against  the  officers  of 
the  offending  corporation,  as  despite  their  repeated  assurances,  they  had  taken  no 
steps  to  remove  any  of  the  illegal  obstructions. 

Instead  of  complying  with  Dixon's  recommendations,  Hall  brought  a  civil 
suit  against  the  company,  and  in  almost  the  same  breath  began  criminal  actions 
against  several  stockmen  of  minor  importance  who  had  been  guilty  of  illegal  in- 
closures  to  the  extent  of  a  few  hundred  acres  in  each  case.  Hall's  efforts  to 
protect  his  political  associates  and  shield  those  "higher  up,"  in  this  and  other 
respects,  eventually  caused  his  removal  from  office  and  subsequent  indictment  on 
a  conspiracy  charge.  . 

Page    361 


The  testimony  at  the  trial  of  Hall  assumed  a  wide  latitude,  the  Government 
being  permitted  to  not  only  expose  the  entire  scheme  of  the  Butte  Creek  Com- 
pany, and  by  this  process  implicate  the  defendant  in  an  effort  to  protect  those 
"higher  up,"  but  was  allowed  to  delve  into  a  great  deal  of  Oregon's  political  his- 
tory. It  was  during  the  progress  of  the  case  that  Mr.  Heney  made  his  famous 
speech  against  Senator  Fulton,  before  an  audience  that  filled  the  First  Congre- 
gational Church  in  Portland  to  overflowing,  in  which  Mr.  Fulton  was  charged 
with  having  handled  the  sack  at  the  notorious  "hoM-up"  session  of  the  State  Leg- 
islature in  1897,  at  which  John  H.  Mitchell  sought  re-election  as  United  States 
Senator. 

It  was  shown  further  from  the  developments  of  the  Hall  case  that  while 
he  was  United  States  Attorney  he  had  been  guilty  of  shielding  those  having  a 
political  pull,  and  had  used  his  official  position  as  a  menace  to  those  who  were 
standing  in  the  way  of  his  ambitions.  In  this  manner  he  had  caused  George  C. 
Brownell,  the  political  leader  of  the  Republican  party  in  Clackamas  county. 
Oregon,  and  speaker  of  the  State  Senate,  to  withdraw  his  name  as  a  candidate 
against  Hall  for  United  States  Attorney,  the  latter  claiming  to  be  in  possession 
of  evidence  that  Brownell  had  been  connected  with  the  forgery  of  names  to 
applications  for  Government  surveys.  It  was  proven  afterwards,  through  the 
confessions  of  Henry  Meldnim,  the  convicted  United  States  Surveyor-General. 
that  Meldnim  had  himself  forged  the  signatures,  and  that  Brownell  had  nothing 
whatever  to  do  with  it,  Meldnim  having  surreptitiously  used  his  notarial  seal  and 
attached  BrownelFs  name  to  the  documents  without  his  knowledge  or  consent. 
When  these  facts  became  known  to  Francis  J.  Heney,  he  recommended  the  dis- 
missal of  the  indictment  against  Brownell,  and  in  conformity  therewith  Judge 
Wolverton  \viped  the  case  off  the  docket. 

Another  instance  of  Hall's  inactivity  where  influential  interests  were  in- 
volved was  brought  out  in  connection  with  the  testimony  of  W.  E.  Burke,  a  mem- 
ber of  the  Oregon  Legislature  in  1894,  who  told  of  being  employed  by  A.  B. 
Hammond  in  1899  in  connection  with  \Yilliam  G.  Gosslin,  Hammond's  secretary, 
when,  with  Gosslin's  assistance,  he  induced  twenty  unemployed  men  that  were 
picked  up  in  the  North  End  of  Portland,  to  file  on  timber  land  at  the  Oregon  City 
Land  Office,  each  of  the  twenty  illegal  entrymen  being  paid  $2  for  their  services. 
The  witness  explained  that  the  men  did  not  take  the  land  with  the  intention  of 
acquiring  it  for  themselves,  but  did  so  with  the  understanding  that  they  were  to 
hold  the  land  temporarily,  and  to  execute  relinquishments  that  were  to  be  filed 
as  soon  as  Burke  and  Gosslin  received  from  Hammond  lieu  land  scrip  to  plaster 
on  the  land  when  it  was  relinquished.  He  explained  further  that  representatives 
of  the  Northern  Pacific  were  after  the  same  timber  land,  and  that  the  course 
adopted  by  himself  and  Gosslin  was  the  only  means  by  which  they  could  keep  the 
rival  land  gobblers  from  acquiring  the  desired  claims,  which  adjoined  each  other 
in  a  district  of  valuable  timber. 

Burke  said  that  he  afterwards  related  the  facts  attending  the  transaction  to 
the  United  States  Grand  Jury,  which  was  in  charge  of  Edwin  Mays,  and  by 
which  an  indictment  was  returned  October  19.  1899,  charging  himself,  Gosslin 
and  the  twenty  entrymen  with  conspiracy  to  defraud  the  Government  by  perjury. 
He  stated  also  that  Senator  Fulton,  assisted  by  Henry  E.  McGinn,  a  Portland 
attorney,  was  employed  by  Hammond  to  defend  those  involved  in  the  indictment. 

On  cross-examination.  Burke  admitted  that  he  had  never  discussed  the 
subject  with  Hall,  although  it  is  evident  the  latter  was  familiar  with  all  the  cir- 
cumstances. In  answer  to  another  question  by  Heney.  the  witness  said  that 
Charles  H.  Carey  and  F.  P.  Mays  were  the  attorneys  for  the  Northern  Pacific, 
and  that  while  Hammond  did  not  get  the  lands  that  were  originally  filed  upon, 
he  understood  that  eventually  the  twenty  quarter  sections  were  divided  between 
the  rival  companies. 

William  G.  Gosslin,  who  followed,  corroborated  the  testimony  of  Burke 
It  was  while  Gosslin  was  on  the  stand  that  Heney  introduced  telegrams  that  had 

Page   362 


Edward  W.  Dixon,  Chief  of  Field  Division  No.  3 

embracing  State  of  Washington  and  western 

portion  of  Idaho,  who  rendered  material 

aid  in  uncovering  the  Oregon  land 

frauds 

passed  between  Hall  and  Binger  Hermann,  and  also  a  letter  from  Hall  to  Her- 
mann, all  relating  to  the  claims  that  had  been  filed  on  by  the  men  in  charge  of 
Burke  and  Gosslin.  In  the  first  telegram  Hall  notified  Hermann  that  the  men 
who  had  been  indicted  on  the  conspiracy  charge  had  offered  to  compromise  the 
case  by  forfeiting  their  filing  fees  and  would  execute  relinquishments  to  the  land 
that  had  been  filed  on  in  consideration  of  a  dismissal  of  the  indictment.  He 
asked  Hermann  what  he  should  do. 

With  his  characteristic  shrewdness,  the  ex-Land  Commissioner  replied  that 
the  case  not  being  before  the  Department,  it  was  up  to  Hall  to  do  what  the  facts 
and  circumstances  in  the  case  warranted.  But  this  did  not  satisfy  the  District 
Attorney,  who  subsequently  wrote  a  letter  to  Hermann,  in  which  he  detailed  the 
circumstances  attending  the  filing  on  the  land  and  the  evidence  on  which  the  in- 
dictment had  been  returned. 

C.  B.  Moores,  Register  of  the  Oregon  City  Land  Office  from  October, 
1897,  to  May,  1903,  identified  a  letter  dated  October  12,  1899,  in  which  he  had 

Page    363 


advised  Hall  of  the  suspicious  character  of  the  twenty  filings  that  had  been  made 
by  the  men  in  charge  of  Gosslin  and  Burke.  Further  testimony  was  introduced 
by  the  Government  to  establish  its  contention  that  while  Hall  knew  of  the  illegal 
acts  he  never  prosecuted  any  of  the  offenders,  on  account  of  their  pull,  and  that 
eventually  the  indictment  against  the  accused  was  dismisse.d. 

As  further  proof  that  Hall  had  been  derelict  in  his  duties,  it  was  brought 
out  at  the  trial  that  in  the  case  of  Claude  Thayer,  the  United  States  Attorney 
had  completely  ignored  the  charges  of  Special  Agent  Edward  X.  Deady  that 
Thayer  had  been  guilty  of  a  conspiracy  to  defrard  the  Government  of  a  large 
tract  of  timber  in  Tillamook  county.  The  facts  a>  uncovered  by  Deady  during 
his  investigations,  and  corroborated  by  abundant  proof,  were  as  follows : 

In  September,  1899,  Claude  Thayer.  president  of  the  Bank  of  Tillamook 
and  a  son  of  the  late  Governor  Thayer.  of  Oregon,  had  induced  eighty-eight  per- 
sons to  make  timber  entries  in  Township  2  North.  Ranges  6  and  7  West,  Tilla- 
mook county.  They  were  mostly  aged  persons  who  were  incapable,  physically,  of 
making  personal  examination  of  the  land,  as  required  by  law.  although  they  all 
took  the  necessary  oath  that  they  had  inspected  each  subdivision.  It  developed 
during  Deady's  investigations  that  Thayer  had  paid  all  the  Land  Office  expenses 
incident  to  the  filings,  and  nine  weeks  after  the  entries  were  made  at  the  Oregon 
City  land  Office,  final  proofs  were  offered  on  each  claim.  The  Register  and 
Receiver  were  obligated  to  refuse  to  issue  the  final  certificates  for  the  reason  that 
Secretary  Hitchcock  had  ordered  a  suspension  thereof  in  connection  with  Oregon 
timber  entries  until  such  time  as  the  Special  Agents  of  the  Land  Department 
could  investigate  their  validity.  Deady  had  shown  that  the  eighty-eight  entry- 
men  in  question  were  under  contract  to  deed  their  claims  to  Thayer  as  soon  as 
final  proof  was  made,  and  were  to  receive  SI  50  each  for  their  rights.  It  had  de- 
veloped also  that  at  the  time  of  offering  proof  one  entryman  had  made  a  tender 
of  the  $400  purchase  price  of  his  claim,  the  acceptance  of  which  was  declined 
by  the  Land  Office  officials,  and  that  he  had  thereupon  handed  the  amount  to 
one  of  the  other  entrymen,  who  had  made  the  same  sort  of  tender.  In  this  way 
the  one  payment  of  $400  answered  the  purpose  of  a  tender  for  the  entire  eighty- 
eight  claims. 

Shortly  after  this  the  so-called  proof  had  been  made,  Thayer  saw  break- 
ers ahead,  and  consulted  with  F.  P.  Mays  relative  to  overcoming  the  threatened 
difficulties.  Mays  suggested,  as  a  means  of  throwing  the  Government  agents  off 
the  scent,  that  arrangements  should  be  made  with  the  Northern  Pacific  whereby 
the  railway  corporation  should  file  a  selection  list  covering  the  lands  embraced  in 
the  eighty-eight  claims.  Mays  was  one  of  the  attorneys  for  the  Northern  Pa- 
cific, and  therefore  in  a  position  to  make  this  recommendation.  The  lieu  selections 
were  offered  accordingly,  but  were  rejected  by  the  local  Land  Office  as  being  in 
conflict  with  the  eighty-eight  timber  entries,  the  idea  being  to  cloud  the  issue  to 
such  an  extent  that  it  would  tie  up  the  land  temporarily  and  have  a  tendency  to 
prevent  bona  fide  claimants  from  interfering  in  the  acquisition  of  title. 

In  January,  1900,  or  about  a  month  after  the  Northern  Pacific  had  at- 
tempted to  select  the  lands,  Charles  E.  Hays,  a  timber  locator  of  Portland,  filed 
contests  on  all  the  eighty-eight  entries,  alleging  in  his  affidavit  that  the  latter 
were  fraudulent,  and  furthermore  that  the  Northern  Pacific  lieu  selections  had 
been  made  for  collusive  purposes.  Hays  won  out  on  his  contest,  with  the  result 
that  the  eighty-eight  entries  were  cancelled  by  the  Land  Department,  and  the 
Northern  Pacific,  on  July  10,  1900,  voluntarily  withdrew  its  contest. 

These  facts  were  brought  to  the  attention  of  the  Federal  Grand  Jury  by 
Special  Agent  Deady,  who  declared  that  Hall  refused  to  proceed  against  Thayer 
and  the  others  involved,  contending  that  the  statute  of  limitations  had  run  against 
their  offenses.  In  consequence  no  indictment  was  returned,  and  even  if  one  had 
been,  it  would  have  been  futile,  as  Hall  was  determined  to  protect  his  friend 
Thayer,  and  had  announced  that  he  would  not  prosecute  the  latter,  according  to 
Deady's  statement  on  the  witness  stand.  It  is  interesting  to  note  that  notwith- 

Page  364 


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The  accompanying  mat>  indicates  the  illegal  fencing  of  government  land  in  Wheeler  County,  Oregon,  by  the 
Butte  Creek  Land,  Livestock  8  Lumber  Company,  of  Fossil.  It  is  claimed  that  18,360  acres  of 
public  lands  were  embraced  in  this  inclosure,  which  was  used  entirely  by  the  big  corporation  as  a 
pasture  to  the  exclusion  of  all  adjacent  homesteaders.  Tracts  marked  with  an  X,  as  shown  on  the 
map,  are  unappropriated  government  lands.  The  dotted  lines  indicate  the  system  of  fencing 
employed  by  the  corporation,  while  the  lines  noted  by  the  cross-marts  represent  the  "rim-rock,  "  or 
immense  ledges  that  were  used  to  form  portions  of  the  chain  fence.  The  general  policy  of  the  company 
seems  to  have  been  to  connect  the  rim-rock  with  the  system  of  fences  by  the  aid  of  "dummy"  home- 
stead entries,  upon  which  their  lines  of  fencing  were  constructed  as  rapidly  as  the  filings  were  made. 
For  shielding  the  officers  of  the  company  against  criminal  prosecution,  John  ff.  Hall  was  dismissed 
from  office,  and  later  convicted  by  a  jury  in  the  Federal  Court  at  Portland,  Oregon. 

standing  Hall's  contention  that  the  statute  of  limitations  had  run  against  their 
criminal  liability  in  1903,  when  the  matter  was  before  the  United  States  Grand 
Jury,  Thayer  and  associates  were  indicted  September  2,  1905,  for  the  same  offense, 
at  the  suggestion  of  Mr.  Heney,  who  held  that  the  criminal  responsibility  of  the 
accused  was  still  active  at  that  date. 

Those  involved  in  this  indictment  were  Claude  Thayer,  Clark  E.  Hadley, 
Maurice  Leach,  Walter  J.  Smith  (since  deceased),  Thomas  Coates,  John  Tut- 
tle,  Charles  E.  Hays  and  G.  O.  Nolan,  all  of  whom,  with  the  exception  of  Hays, 
were  prominent  residents  of  Tillamook  county.  Later  the  case  against  Hays 
was  dismissed,  as  it  was  established  to  Mr.  Heney's  satisfaction  that  he  had  never 
been  connected  with  any  fraudulent  effort  to  acquire  the  lands.  On  the  con- 
trary, Hays  filed  a  motion  in  Court  during  the  July  term  in  1906,  wherein  he 
claimed  the  credit  of  having  first  called  the  attention  of  Secretary  Hitchcock  to 


Page    365 


the  scope  of  the  Oregon  land  frauds  through  Rev.  Joseph  Schell,  a  Catholic 
priest.  In  his  petition  asking  for  a  separate  trial,  Hays  set  forth  many  interest- 
ing facts  in  connection  with  the  matter,  and  as  his  statements  throw  considerable 
light  upon  the  general  system  in  vogue  by  which  large  tracts  of  valuable  timber 
were  secured  through  the  "dummy"  process  of  entry,  a  portion  of  the  petition 
is  presented  herewith : 

"That  in  the  spring  of  1901,  and  after  Alma  Baker  and  others  named  in 
the  indictment,  had  filed  on  the  lands  set  forth  in  the  indictment,  I  was  introduced 
by  Mr.  W.  G.  Howell  to  C.  E.  Loomis,  then  Special  Agent  of  the  General  Land 
Office,  at  which  time  I  disclosed  to  that  Government  official  the  facts  that  I  had 
learned  in  relation  to  the  acts  of  said  Thayer,  Hadley,  Leach,  Xolan,  Tuttle, 
Smith  and  Coates,  and  requested  said  Loomis,  as  such  Government  official,  to 
make  an  investigation  thereof  to  the  end  that  said  parties  might  be  prosecuted  in 
the  Courts  of  the  United  States  for  their  unlawful  acts ;  that  nothing  came  of 
my  interview  with  said  Loomis,  and  in  the  Autumn  of  1901,  I  went  to  J.  A. 
Sladen,  a  Commissioner  of  the  United  States  Circuit  Court  for  the  District  of 
Oregon,  and  requested  from  said  official  a  warrant  charging  said  Thayer,  et  al., 
with  the  crime  of  conspiracy,  and  was  by  said  Sladen  referred  to  the  United 
States  Attorney  for  the  District  of  Oregon  as  the  proper  person  to  apply  for 
such  warrant,  and  was  introduced  by  said  Sladen  to  Edwin  Mays,  Assistant 
United  States  Attorney  for  the  District  of  Oregon. 

"That  I  laid  the  case  before  said  Mays,  but  he  declined  to  act  unless 
authorized  to  do  so  by  John  H.  Hall,  then  United  States  Attorney  for  Oregon, 
his  superior  officer ;  that  I  went  repeatedly  to  the  United  States  Attorney's  office 
to  see  Hall,  but  was  always  denied  an  interview,  first  on  one  pretext  and  then 
another.  Knowing  of  no  other  official  to  make  application  to  in  order  to  bring 
the  parties  to  justice,  I  furnished,  at  my  own  expense,  the  Rev.  Joseph  Schell  with 
affidavits  and  copies  of  all  documents  which  I  had  obtained  disclosing  the  con- 
spiracy, who  thereupon  proceeded  to  Washington,  D.  C.,  and  laid  the  matter  be- 
fore the  Department  of  the  Interior,  resulting,  as  I  am  informed  and  believe,  in 
the  assignment  of  Special  Inspector  A.  R.  Greene  to  this  district  for  the  purpose 
of  investigating  the  frauds  charged  against  said  Thayer,  Hadley,  Leach,  Xolan, 
Tuttle,  Smith  and  Coates. 

"That  on  August  26,  1902,  the  day  on  which  I  am  charged  with  conspiring 
with  these  defendants,  I  was  present  at  the  Oregon  City  Land  Office  with  Dan 
R.  Murphy,  my  attorney,  and  through  the  latter  waived  the  benefit  I  might 
derive  through  a  motion  to  close  the  case  filed  in  the  contest  of  Hays  vs.  Allen 
(said  contest  case  being  one  of  those  referred  to  in  the  indictment)  and  with- 
drew my  motion  in  order  to  accommodate  the  officers  of  the  Government,  agree- 
ing that  said  case  might  be  referred  to  Edward  X.  Deady,  to  take  the  testimony 
of  contestee  therein  and  his  witnesses,  Claude  Thayer,  Clark  Hadley,  Maurice 
Leach  and  Thomas  Coates,  at  Tillamook,  Oregon,  the  Government  officials 
agreeing  with  me  that  if  said  testimony  were  given  before  said  Deady  that  the 
frauds  alleged  in  the  indictment  would  be  laid  bare,  and  facts  elicited  upon  which 
to  predicate  an  indictment  as  against  said  Thayer,  et  al.  In  order  to  disclose 
said  frauds  and  secure  indictments,  I  paid  my  attorney  to  accompany  said  Special 
Inspector  Greene  and  referee  Deady  to  Tillamook  for  the  purpose  of  taking  said 
testimony. 

"That  in  the  Autumn  of  1902,  when  the  United  States  Grand  Jury  for 
the  District  of  Oregon  was  examining  into  the  conspiracy  charged  in  the  indict- 
ment herein,  I  did  all  in  my  power  to  aid  and  assist  Edward  X.  Deady,  then 
Special  Agent  of  the  General  Land  Office,  in  gathering  the  facts  against  Thayer, 
et  al.,  and  fully  and  freely  disclosed  to  him  all  the  circumstances  tending  to  show 
the  guilt  of  said  Thayer,  et  al.,  elicited  by  me  during  the  time  I  had  been  con- 
testing in  good  faith  said  fraudulent  efforts  to  acquire  the  lands  in  question. 
That  I  am  convinced  that  if  it  had  not  been  for  my  contests  and  the  ceaseless 
warfare  waged  by  me  against  the  fraudulent  entries  set  forth  in  the  indictment. 

Page    366 


that  the  lands  described  therein  would  have  long  since  gone  to  patent,  and  the 
unlawful  designs  of  said  Thayer  and  others  would  have  been  successful. 

"That  I  have,  by  every  means  in  my  power,  endeavored  to  thwart  the 
unlawful  designs  of  said  Thayer,  et  al.,  and  have,  through  my  contests,  procured 
the  absolute  forfeiture  of  $5,356,  paid  by  said  Thayer,  et  al.,  into  the  Oregon 
City  Land  Office  for  thirteen  claims  situate  in  the  same  townships  and  ranges 
as  the  lands  mentioned  in  the  indictment,  besides  causing  said  parties  to  expend 
a  large  sum  of  money  in  defending  the  contests  waged  by  me. 

"That  said  Thayer,  Hadley,  Leach,  Nolan,  Tuttle,  Smith  and  Coates  are 
well  aware  of  the  steps  taken  by  me  to  prevent  them  reaping  the  harvest  they 
had  planned,  as  above  set  forth,  and  by  the  position  I  have  taken  I  have  incurred 
the  ill  will  of  each  and  all  of  them,  and  any  attorney  employed  by  them,  if  en- 
trusted in  the  slightest  degree  with  my  defense,  would,  if  loyal  to  them,  be  com- 
pelled to  suppress  testimony  necessary  to  be  adduced  to  establish  my  innocence, 
as  such  testimony  would  tend  to  show  the  guilt  of  Thayer,  Hadley,  Leach, 
Nolan,  Tuttle,  Smith  and  Coates." 

Hall  was  defended  by  Lionel  R.  Webster,  County  Judge  of  Multnomah 
County,  Oregon,  who  made  a  remarkable  fight  for  his  client's  liberty,  but  without 
any  apparent  effect,  as  the  jury  lost  little  time  in  finding  the  ex-United  States 
Attorney  guilty  as  charged  in  the  indictment.  An  appeal  has  been  taken  from 
the  verdict,  pending  which  Hall  is  out  on  bonds. 

With  such  marked  ability  was  the  defense  of  Hall  conducted  by  Judge 
Webster,  that  Mr.  Heney  took  occasion  to  compliment  the  Portland  lawyer  dur- 
ing the  course  of  his  argument,  and  called  attention  to  the  fact  that  it  was  the 
only  case  in  which  there  had  not  been  more  or  less  friction  between  counsel  for 
the  opposing  sides. 


George  C.  Brownell,  the  "Pretty  Moth"  of  Oregon  politics,  whose  wings 

were  somewhat  scorched  by  too  close  contact  with 

the  land  fraud  limelight. 


Page   367 


Chapter  XXIV 


Under  the  guise  of  creating  a  National  Park  from  the  bleak  territory  surround- 
ing Mt.  Rainier,  Congress  enacts  a  measure  giving  the  Northern  Pacific 
Railroad  Company  autocratic  poivers  in  the  selection  of  Government  lands, 
and  enables  the  Hill  corporation  to  exchange  its  zcorthlcss  holdings  for 
valuable  tracts  in  every  State  penetrated  by  its  lines — How  the  Land 
Department,  under  the  Ballinger  regime  has  aided  the  Northern  Pacific 
with  its  lieu  selections — With  less  than  thirty  miles  of  constructed  road  in 
Oregon,  the  railway  company  is  empowered  by  Congress  to  make  selec- 
tion of  more  than  300,000  acres  of  valuable  timber  lands  in  that  State — 
The  bulldozing  manner  in  which  settlers  are  prevented  from  taking  home- 
stead claims. 

THE  entire  idea  of  making  a  National  Park  out  of  the  unprepossessing  coun- 
try surrounding  Mt.  Rainier,  was  clever  in  the  extreme.  It  was  the  work  of  a 
master  mind,  because  there  was  no  more  necessity  for  endowing  this  region 
with  such  exclusiveness  than  would  exist  in  the  contemplation  to  create  National 
Parks  out  of  every  high  mountain  peak  in  the  country.  In  short,  Mt.  Rainier 
owes  its  distinction  in  this  respect  to  the  fact  that  the  Northern  Pacific  Railroad 
Company  owns  a  lot  of  land  in  the  neighborhood.  Had  the  Jim  Hill  corporation 
possessed  the  odd-numbered  sections  adjacent  to  Mt.  Shasta,  in  California,  Mt. 
Hood,  in  Oregon,  or  Mt.  Anything,  in  Anywhere,  there  is  no  question  but  what 
Congress  would  have  wisely  recognized  the  utmost  importance  of  making  Na- 
tional Parks  out  of  them  also.  Hence,  good  fortune  must  have  smiled  upon  Mt. 
Rainier  with  peculiar  blessings  when  old  Nature  itself  took  a  hand  in  the  game 
ages  before  anything  human  was  ever  dreamed  of,  and  reared  the  snow-capped 
summit  of  the  mountain  'mid  territory  that  millions  of  years  later,  perhaps,  fell 
within  the  granted  limits  of  the  Northern  Pacific. 

In  no  essential  particular,  however,  was  the  ingenuity  of  the  plan  to  make 
Mt.  Rainier  a  National  Park  more  clearly  defined  than  was  contained  in  the 
cunning  arrangement  to  permit  the  Northern  Pacific  to  have  the  right  of  selection 
of  unsurveyed  lands  of  the  United  States  in  exchange  for  the  worthless  portions 
of  its  holdings  in  the  entire  Mt.  Rainier  Forest  Reserve  as  well  as  the  National 
Park.  This  National  Park  idea  was  a  subterfuge  from  the  start  to  cloak  the 
real  intentions  of  the  corporation,  and  was  calculated  to  lull  the  public  into  the 
belief  that  Congress  was  moved  by  consideration  of  deep  public  interest  when  it 
enacted  the  measure  that  made  the  National  Park  possible. 

It  should  be  borne  in  mind  that  the  Mt.  Rainier  Forest  Reserve  was  es- 
tablished February  22,  1897 — two  years  before  the  National  Park  of  that  name 
— and  embraced  a  much  greater  scope  of  country.  It  included  all  of  Mt.  Rainier, 
besides  a  vast  area  adjacent  thereto,  aggregating  2,565,760  acres,  of  which  the 
railway  company  owned  practically  one-half,  and  while  it  enjoyed  the  same 
rights  as  others  under  the  Act  of  June  4,  1897,  applicable  to  forest  reserves, 
and  could  exchange  its  lands  in  the  reserve  for  any  unappropriated  lands  of  the 
United  States,  it  had  no  exclusive  privileges,  such  as  would  accrue  under  a 
special  Act,  and  it  is  the  purpose  to  show  herein  how  this  seeming  obstacle  was 
overcome.  In  order  to  circumvent  any  possible  future  hostile  legislation,  and  at 
the  same  time  clothe  the  great  railway  corporation  with  a  complete  monopoly 
along  certain  lines — after  the  fashion  of  starting  a  back  fire — the  company  on 
March  2,  1899,  caused  the  passage  of  an  Act  setting  aside  a  comparatively  small 

Page   368 


Map  of  the  Mt.  Rainier  Forest  Reserve,  showing  the  position  of  the  Mt.  Rainier  National  Park, 
which  was  created  for  the  special  benefit  of  the  Northern  Pacific  Railroad  Company, 
that  the  Hill  corporation  might  be  enabled  to  exchange  its  worth- 
less holdings  for  the  cream  of  creation. 


proportion  of  the  Rainier  Mountain  Forest  Reserve  as  a  National  Park.  It 
was  a  veritable  "wheel  within  a  wheel"  proposition,  and  it  has  never  developed 
why  any  such  action  was  necessary  as  a  measure  of  common  interest. 

So  far  as  Mt.  Rainier  was  concerned,  the  forest  reserve  laws  protected 
it  fully  as  much  as  it  could  possibly  be  under  the  lawe  governing  National 
Parks,  hence  the  scheme  of  creating  a  National  Park  was  in  reality  a  cloak  for 
some  hidden  purpose.  In  order  to  indicate  precisely  what  that  purpose  was, 
there  is  presented  herewith  the  full  text  of  the  bill  creating  the  National  Park. 
There  is  nothing  on  the  face  of  the  measure  to  show  that  it  had  to  do  with  any- 
thing except  the  proper  protection  of  natural  wonders  that  could  not  be  pre- 
served in  any  other  way.  Other  National  Parks  were  in  existence  at  the  time, 
so  what  objections  could  there  be  to  adding  to  the  list?  The  wonders  of  Yellow- 
stone are  thus  guarded ;  so  are  those  of  the  Yosemite  Valley,  the  Calaveras  Big 
Trees,  and  other  notable  points  of  interest  throughout  the  country,  but  then  it 
must  be  considered  that  they  are  marvelous  attractions,  and  besides  were  not 
included  in  any  forest  reserve  at  the  time  of  being  converted  into  National 
Parks.  True,  the  Crater  Lake  National  Park  was  cut  out  of  the  Cascade  Forest 
Reserve,  but  there  are  no  signs  that  anybody  got  the  benefit  of  exclusive  privi- 
leges by  the  operation.  It  is  between  the  lines  of  the  Act  creating  the  Mt.  Rain- 
ier. National  Park  where  its  worst  features  exist — where  the  "nigger  in  the 
woodpile"  may  be  observed  in  all  his  sable  glory — and  it  is  this  phase  of  the  sit- 
uation that  shall  be  analyzed  in  detail  during  the  course  of  this  article. 

The  original  Pacific  Forest  Reserve  was  located  where  the  Mt.  Rainier 
National  Park  now  is.  It  included  an  area  about  twice  as  large  as  the  present 
park  and  was  proclaimed  by  the  President,  February  20,  1893.  By  a  second 
proclamation,  February  22,  1897,  this  Pacific  Forest  Reserve  and  a  large  addi- 
tion was  proclaimed  to  be  the  Mt.  Rainier  Forest  Reserve.  By  act  of  March  2, 
1899,  the  Mt.  Rainier  National  Park  was  created.  The  Mt.  Rainier  Forest 
Reserve  was  withdrawn  from  settlement  March  1,  1898.  Recent  additions  were 
made  March  2,  1907.  What  was  called  the  Mt.  Rainier  Forest  Reserve  is  now 
known  as  the  Rainier  National  Forest.  The  law  establishing  the  latter  reads  as 
follows : 

CHAP.  377. — An  Act  To  set .  aside  a  portion  of  certain  lands  in  the  State  of 
Washington,  now  known  as  the  Pacific  Forest  Reserve,  as  a  public  park,  to  be  known  as 
the  Mount  Rainier  National  Park. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  that  all  those  certain  tracts,  pieces,  or  parcels  of  land 
lying  and  being  in  the  State  of  Washington,  and  within  the  boundaries  particularly 
described  as  follows,  to-wit:  Beginning  at  a  point  three  miles  east  of  the  northeast 
corner  of  township  numbered  seventeen  north,  of  range  six  east  of  the  Willamette  mer- 
idian; thence  south  through  the  central  parts  of  townships  numbered  seventeen,  sixteen, 
and  fifteen  north,  of  range  seven  east  of  the  Willamette  meridian,  eighteen  miles,  more  or 
less,  subject  to  the  proper  easterly  or  westerly  offsets,  to  a  point  three  miles  east  of  the 
northeast  corner  of  township  numbered  fourteen  north,  of  range  six  east  of  the  Willam- 
ette meridian;  thence  east  on  the  township  line  between  townships  numbered  fourteen 
and  fifteen  north,  eighteen  miles,  more  or  less,  to  a  point  three  miles  west  of  the  north- 
east corner  of  township  fourteen  north,  of  range  ten  east  of  the  Willamette  meridian ; 
thence  northerly  subject  to  the  proper  easterly  or  westerly  offsets,  eighteen  miles,  more  or 
less,  to  a  point  three  miles  west  of  the  northeast  corner  of  township  numbered  seventeen 
north,  of  range  ten  east  of  the  Willamette  meridian  (but  in  locating  said  easterly  bound- 
ary, wherever  the  summit  of  the  Cascade  Mountains  is  sharply  and  well  defined,  the  said 
line  shall  follow  the  said  summit,  where  the  said  summit  line  bears  west  of  the  easterly 
line  as  herein  determined);  thence  westerly  along  the  township  line  between  said  town 
ships  numbered  seventeen  and  eighteen  to  the  place  of  beginning,  the  same  being  a  por- 
tion of  the  lands  which  were  reserved  from  entry  or  settlement  and  set  aside  as  a  public 
reservation  by  proclamation  of  the  President  on  the  twentieth  day  of  February,  in  the 
year  of  our  Lord  eighteen  hundred  and  ninety-three,  and  of  the  Independence  of  the 
United  States  the  one  hundred  and  seventeenth,  are  hereby  dedicated  and  set  apart  as 
a  public  park,  to  be  known  and  designated  as  the  Mount  Rainier  National  Park,  for  the 
benefit  and  enjoyment  of  the  people;  and  all  persons  who  shall  locate  or  settle  upon  or 
occupy  the  same,  or  any  part  thereof,  except  as  hereafter  provided,  shall  be  considered 
trespassers  and  be  removed  therefrom. 

Page    370 


Sec.  2.  That  said  public  park  shall  be  under  the  exclusive  control  of  the  Secre- 
tary of  the  Interior,  whose  duty  it  shall  be  to  make  and  publish,  as  soon  as  practicable, 
such  rules  and  regulations  as  he  may  deem  necessary  or  proper  for  the  care  and  manage- 
ment of  the  same.  Such  regulations  shall  provide  for  the  preservation  from  injury  or 
spoilation  of  all  timber,  mineral  deposits,  natural  curiosities,  or  wonders  within  said  park, 
and  their  retention  in  their  natural  condition.  The  Secretary  may,  in  his  discretion, 
grant  parcels  of  ground  at  such  places  in  said  park  as  shall  require  the  erection  of  build- 
ings for  the  accommodation  of  visitors;  all  of  the  proceeds  of  said  leases,  and  all  other 
revenues  that  may  be  derived  from  any  source  connected  with  said  park,  to  be  expended 
under  his  direction  in  the  management  of  the  same,  and  the  construction  of  roads  and 
bridle  paths  therein.  And  through  the  lands  of  the  Pacific  Forest  Reserve  adjoining  said 
park  rights  of  way  are  hereby  granted,  under  such  restrictions  and  regulations  as  the 
Secretary  of  the  Interior  may  establish,  to  any  railway  or  tramway  company  or  companies, 
through  the  lands  of  said  Pacific  Forest  Eeserve,  and  also  into  said  park  hereby  created, 
for  the  purpose  of  building,  constructing,  and  operating  a  railway,  or  tramway  line  or 
lines,  through  said  lands,  also  into  said  park.  He  shall  provide  against  the  wanton 
destruction  of  the  fish  and  game  found  within  said  park,  and  against  their  capture  or 
destruction  for  the  purposes  of  merchandise  or  profit.  He  shall  also  cause  all  persons 
trespassing  upon  the  same  after  the  passage  of  this  Act  to  be  removed  therefrom,  and 
generally  shall  be  authorized  to  take  all  such  measures  as  shall  be  necessary  to  fully 
carry  out  the  objects  and  purposes  of  this  Act. 

Sec.  3.  That  upon  execution  and  filing  with  the  Secretary  of  the  Interior,  by  the 
Northern  Pacific  Eailroad  Company,  of  proper  deed  releasing  and  conveying  to  the  United 
States  the  lands  in  the  reservation  hereby  created,  also  the  lands  in  the  Pacific  Forest 
Reserve  which  have  been  heretofore  granted  by  the  United  States  to  said  company, 
whether  surveyed  or  unsurveyed,  and  which  lie  opposite  said  company's  constructed  road, 
said  company  is  hereby  authorized  to  select  an  equal  quantity  of  non-mineral  public  lands, 
so  classified  as  non-mineral  at  the  time  of  actual  Government  survey,  which  has  been  or 
shall  be  made,  of  the  United  States  not  reserved  and  to  which  no  adverse  right  or  claim 
shall  have  attached  or  have  been  initiated  at  the  time  of  the  making  of  such  selection 
lying  within  any  State  into  or  through  which  the  railroad  of  said  Northern  Pacific  Rail- 
road Company  runs,  to  the  extent  of  the  lands  so  relinquished  and  released  to  the  United 
States:  Provided,  That  any  settlers  on  lands  in  said  National  Park  may  relinquish  their 
rights  thereto  and  take  other  public  lands  in  lieu  thereof,  to  the  same  extent  and  under 
the  same  limitations  and  conditions  as  are  provided  by  law  for  forest  reserves  and 
National  Parks. 

Sec.  4.  That  upon  the  filing  by  the  said  railroad  company  at  the  local  land  office 
of  the  land  district  in  which  any  tract  of  land  selected  and  the  payment  of  the  fees 
prescribed  by  law  in  analogous  cases,  and  the  approval  of  the  Secretary  of  the  Interior, 
he  shall  cause  to  be  executed,  in  due  form  of  law,  and  deliver  to  said  company,  a  patent 
of  the  United  States  conveying  to  it  the  lands  so  selected.  In  case  the  tract  so  selected 
shall  at  the  time  of  selection  be  unsurveyed,  the  list  filed  by  the  company  at  the  local 
land  office  shall  describe  such  tract  in  such  manner  as  to  designate  the  same  with  a  reas- 
onable degree  of  certainty;  and  within  the  period  of  three  months  after  the  lands  in 
eluding  such  tract  shall  have  been  surveyed  and  the  plats  thereof  filed  by  said  local  land 
office,  a  new  selection  list  shall  be  filed  by  said  company,  describing  such  tract  according 
to  such  survey;  and  in  case  such  tract,  as  originally  selected  and  described  in  the  list 
filed  in  the  local  land  office,  shall  not  precisely  conform  with  the  lines  of  the  official 
survey,  the  said  company  shall  be  permitted  to  describe  such  tract  anew,  so  as  to  secure 
such  conformity. 

Sec.  5.  That  the  mineral  land  laws  of  the  United  States  are  hereby  extended  to 
the  lands  lying  within  the  said  reserve  and  said  park. 

Approved  March  2,  1899. 

Could  the  human  mind  conjure  a  more  cunning  device  for  flim-flamming 
the  public  than  is  contained  in  this  measure  ?  Consider  all  phases  of  the  situation, 
and  what  is  the  result?  Here  was  a  vast  extent  of  country  already  embraced 
within  the  protecting  folds  of  a  forest  reservation,  and  within  the  limits  of  which 
the  Northern  Pacific  Railroad  Company  owned  fully  1,000,000  acres  of  various 
kinds  of  lands — good,  bad  and  indifferent — all  available  for  use  as  base  in  the 
selection  of  other  lands  under  the  Act  of  June  4,  1897.  In  order  to  clothe  itself 
with  even  greater  and  more  exclusive  privileges  than  were  enjoyed  under  the 
Forest  Reserve  Act,  the  company — through  its  hirelings  in  Congress — secures 
the  passage  of  a  law  so  cleverly  drawn  that  it  operates  as  a  blanket  in  the  better 
protection  of  the  Company's  base  lands.  The  process  was  simple  enough  after 
it  is  understood  properly;  by  creating  a  National  Park  within  the  limits  of  an 
established  forest  reserve,  and  inserting  a  sufficient  quantity  of  "jokers"  in  the 
measure,  making  the  National  Park  project  possible,  the  railway  corporation  is 

Page   371 


James  Henry  Booth,  ex- Receiver  of  the  United  States  Land  Office,  at  Roseburg,  Ore.,  who 

was  removed  from  his  position  and  indicted  on  account  of  too  close 

connection  with  fraudulent  land  operations 


not  only  endowed  with  exclusive  privileges,  but  the  scheme  is  executed  in  such 
an  artistic  manner  as  to  convey  the  idea  that  a  great  public  benefit  has  been 
accomplished;  whereas,  the  whole  thing  is  a  low-down  means  of  granting  the 
Northern  Pacific  extraordinary  powers  in  the  selection  of  lands  in  lieu  of  its 
worthless  holdings  in  the  two  reserves.  The  Act  of  June  4,  1897,  did  not  give 
the  railway  corporation  enough  margin  in  this  respect,  so  the  National  Park  idea 
was  played  up  for  all  it  was  worth. 

It  is  evident  that  from  the  moment  the  plot  was  conceived  of  making  a 
National  Park — and  incidentally  letting  down  the  bars  for  the  Northern  Pacific 
to  get  in  on  the  ground  floor  with  its  lands  in  the  big  forest  reserve — the  cor- 
poration had  its  hungry  eyes  fastened  upon  the  rich  unsurveyed  townships  of 
Oregon,  Washington,  Idaho,  and  other  States  penetrated  by  its  lines.  Like 
charity,  this  law  creating  the  National  Park  covered  a  multitude  of  sins,  and  no- 
where was  this  idea  more  clearly  outlined  than  in  the  clause  that  has  permitted 
the  company  to  operate  with  a  free  hand  in  the  selection  of  tracts  in  townships 
that  were  not  subject  to  entry  through  any  other  process.  Under  this  privilege 
the  Northern  Pacific  has  filed  selection  lists  covering  upwards  of  50.000  acres 
of  unsurveyed  lands  in  Oregon  alone,  with  several  States  yet  to  hear  from. 
The  clause  referred  to  provides  as  follows: 

Page    372 


"In  case  the  tract  so  selected  shall,  at  the  time  of  selection,  be  unsurveyed,  the 
list  filed  by  the  company  at  the  local  land  office  shall  describe  such  tract  in  such  manner 
as  to  designate  the  same  with  a  resonable  degree  of  certainty;  and  within  the  period  of 
three  months  after  the  lands  including  such  tract  shall  have  been  surveyed  and  the  plats 
thereof  filed  by  said  local  land  office,  a  new  selection  list  shall  be  filed  by  said  Company, 
describing  such  tract  according  to  such  survey;  and  in  case  such  tract,  as  originally 
selected  and  described  in  the  list  filed  in  the  local  land  office,  shall  not  precisely  conform 
with  the  lines  of  the  official  survey,  the  said  Company  shall  be  permitted  to  describe  such 
tract  anew,  so  as  to  secure  such  conformity. ' ' 

In  other  words,  it  is  not  only  given  the  perpetual  right  of  doing  something 
that  none  others  are  allowed  to  do — file  on  unsurveyed  lands — but  is  further 
granted  the  privilege  of  cruising  everything  in  the  township,  and  then,  if  it  finds 
that  any  mistake  has  been  made  in  the  matter  of  securing  the  cream  of  the 
timber,  it  is  privileged  to  float  its  base  around  like  a  bogus  Mexican  grant  and 
light  upon  anything  in  sight  worth  having !  In  fact,  the  whole  bill,  from  begin- 
ning to  end,  is  a  mass  of  subterfuge,  and  to  say  that  the  Congressmen  who  voted 
for  the  measure  did  not  know  what  they  were  doing  or  could  not  see  any  of  its 
glaring  features,  is  to  write  them  down  a  lot  of  asses. 

It  would  have  been  bad  enough,  under  the  most  extenuating  circum- 
stances, for  Congress  to  have  confined  the  operations  of  the  Act  of  March  2, 

1899,  to  the  Mt.  Rainier  National  Park  alone,  as  the  Northern  Pacific  owned 
fully  100,000  acres  within  its  confines,  and  the  greedy  corporation  ought  to  have 
been  satisfied  with  that  amount  of  plunder;  but  that  was  not  the  point;  the  idea 
was  to  bring  in  all  the  lands  owned  by  the  company  in  the  larger  area  contained 
in  the  Rainier  Mountain  Forest  Reserve — aggregating  about  1,000,000  acres — 
and  this  Congress  has  succeeded  in  doing  with  a  vengeance,  as  may  be  seen  by 
reference  to  the  third  section  of  the  Act  creating  the  Mt.  Rainier  National  Park 
which  provides  that  "also  the  lands  in  the  Pacific   (Rainier  Mountain)   Forest 
Reserve  which  have  been  heretofore  granted  by  the  United  States  to  said  Com- 
pany, whether  surveyed  or  unsurveyed,"  shall  come  under  the  operations  of  the 
law.     Those  voting  for  the  bill  may  seek  pardon   for  their  offense  upon  the 
theory  that  the  law  gives  actual  settlers  in  the  Park  the  same  privileges  as  those 
enjoyed  by  the  great  railway  company,  but  when  it  is  considered  that  there 
never  were  any  settlers  in  the  region,  and  that,  by  reason  of  the  rough  character 
of  the  country,  no  self-respecting  billy  goat  would  even  be  tempted  to  try  and 
exist  there,  the  humor  of  the  allusion  to  "actual  settlers"  may  be  fully  appre- 
ciated.   It  was  merely  a  sop  to  pull  the  wool  over  the  eyes  of  those  members  of 
Congress  who  voted  for  the  measure  in  the  half-hearted  belief  that  they  were 
aiding  a  lot  of  poor  homesteaders,  when  as  a  matter  of  fact,  they  were  entirely 
unacquainted  with  conditions,  and  accepted  that  view  of  the  situation  as  a  drug 
to  their  consciences  in  having  become  accessory  to  a  highway  robbery. 

The  whole  bill  is  a  tissue  of  deceit  from  beginning  to  end,  because  it  is 
paved  with  the  same  kind  of  good  intentions  that  another  place  is  supposed 
to  be  noted  for.  There  is  a  whole  lot  of  buncombe  in  it  about  "preservation  from 
injury  or  spoilation  of  all  timber,  mineral  deposits,  natural  curiosities,  or  wonders 
within  said  park,  and  their  retention  in  "their  natural  condition."  Any  ten- 
year-old  child  knows  that  the  only  "natural  curiosity"  or  "wonders"  in  any  way 
connected  with  the  alleged  "park"  exists  solely  in  the  phraseology  of  the  law 
that  created  it.  Even  with  this  tremendous  pull  in  the  weights  the  Northern  Pacific 
was  not  satisfied,  so  what  was  its  next  course?  Why,  its  henchmen  in  the  halls  of 
National  legislation  adopted  a  protective  measure  so  as  to  clinch  its  bargain 
beyond  any  question  of  doubt,  and  here  in  the  proceedings  of  the  Fifty-Eighth 
Congress  (see  pages  4239,  4240  and  4241,  Congressional  Record,  March  4, 
1905),  we  find  Congressman  Lacey,  of  Iowa,  calling  for  unanimous  consent  for 
the  substitution  of  the  statement  for  the  conference  report  upon  the  repeal  of 
the  forest  reserve  lieu  land  Act  of  June  4,  1897,  and  its  amendments  of  June  6, 

1900,  and  March  3,  1901.     There  being  no  objection,  the  Clerk  read  the  state- 
ment of  the  Committee  instead  of  the  full  report,  as  follows : 

Page    373 


"The  Senate  amendment  provides  for  the  repeal  of  the  Acts  of  June  4.  1897, 
June  6,  1900,  and  March  3,  1901,  in  so  far  as  they  provide  for  the  relinquishment,  selection 
and  patenting  of  lands  in  lieu  of  tracts  covered  by  an  unperfected  bona  fide  claim  or 
patent  within  a  forest  reserve.  It  also  provides  for  the  protection  of  all  contracts  hereto- 
fore entered  into  by  the  Secretary  of  the  Interior  on  this  subject.  The  amendment  to  the 
Senate  amendment,  insisted  upon  by  the  House  conferees,  protects  selections  heretofore 
made  in  lieu  of  lands  already  relinquished  to  the  United  States:?' 

This  statement  was  signed  by  Congressmen  John  F.  Lacey  of  Iowa,  F.  W. 
Mondell  of  Wyoming,  and  John  Lind  of  Minnesota,  as  managers  on  the  part  of 
the  House. 

Of  course  there  was  a  long  debate  on  the  floor  involving  the  repeal  of  the 
obnoxious  "Scripper"  Act  of  June  4,  1897.  All  the  big  corporations  in  the 
country  could  afford  to  kill  the  law.  because  it  had  outlived  its  usefulness,  and 
the  next  move  was  to  make  a  grandstand  play  before  the  country  and  pretend 
to  bow  to  the  people's  will,  and  incidentally  shut  the  stable  door  after  the  horse  was 
gone.  All  these  proceedings  were  part  of  the  game  to  help  along  the  good  cause 
for  the  Northern  Pacific.  It  was  a  lot  of  horseplay  calculated  to  fool  the  people. 
By  pretending  virtuous  indignation  against  the  poor,  old,  \vornout  Scripper  Act — 
which  really  never  did  possess  any  sincere  friends — the  schemers  in  Congress  were 
enabled  to  throw  a  protecting  arm  around  all  the  base  belonging  to  the  great 
railway  corporation  in  the  Mt.  Rainier  Forest  Reserve,  as  well  as  the  Mt.  Rainier 
National  Park,  and  practically  give  it  a  free  license  to  do  as  it  pleased  with  the 
public  domain  in  those  States  penetrated  by  its  lines.  The  Jim  Hill  road  takes 
its  different  courses  through  the  State  of  Washington  like  the  uncertain  wander- 
ings of  a  tangled  skein,  and  yet  it  has  made  selection  of  but  100,000  acres  herein ; 
it  also  traverses  Idaho  for  a  considerable  distance,  and  here  the  records  show  that 
120.000  acres  have  been  selected  for  the  benefit  of  the  corporation;  while  in  Ore- 
gon, its  few  miles  of  line  in  that  State,  extending  from  Kalama,  on  the  Columbia 
river,  to  the  City  of  Portland,  gave  them  a  franchise,  under  the  clever  wording  of 
the  Act  quoted  above,  to  select  more  than  320,000  acres  of  its  best  timber !  Nor  is 
this  intended  as  any  commentary  upon  the  good  taste  of  the  Northern  Pacific  in 
preferring  to  make  selections  in  Oregon  to  other  States.  It  simply  goes  to  show 
that  it  was  worth  while  to  build  that  much  road  in  the  State,  even  if  it  had  to 
let  it  go  to  rot,  for  the  divine  privilege  of  acquiring  such  a  vast  amount  of  valuable 
property,  because,  had  the  Northern  Pacific  lines  not  penetrated  Oregon  to  some 
extent,  it  could  not  have  selected  an  acre  of  its  magnificent  forests  in  lieu  of  the 
worthless,  burned-over  and  logged-off  tracts  in  the  Mt.  Rainier  Reserve  and 
National  Park.  That  is  as  plain  as  day,  as  a  careful  perusal  of  the  Act  will  show. 

Then  conies  the  question:  How  could  the  Northern  Pacific  make  forest 
reserve  selection  of  lands  in  any  of  these  States — and  particularly  unsurveyed 
lands — when  the  Act  of  June  4,  1897,  was  supposed  to  be  repealed?  That  is 
where  the  fine  Italian  hand  of  the  Northern  Pacific  comes  in — because  Congress, 
in  its  passage  of  the  measure  repealing  the  Act  of  June  4,  1897  (no  doubt,  inad- 
vertently!) very  kindly  clothed  the  Jim  Hill  corporation  with  an  exclusive  right 
when  it  provided  "for  the  protection  of  all  contracts  heretofore  entered  into  by 
the  Secretary  of  the  Interior  on  this  subject."  Which  means,  that  the  Northern 
Pacific,  having  already  filed  with  the  Secretary  of  the  Interior  proper  deeds 
"releasing  and  conveying  to  the  United  States  the  lands  in  the  reservation  hereby 
created,  also  the  lands  of  the  Pacific  (Rainier  Mountain)  Forest  Reserve  which 
have  been  heretofore  granted  by  the  United  States  to  said  company,  whether 
surveyed  or  unsurveyed,"  was  entitled  to  select  "an  equal  quantity  of  non-mineral 
public  lands,  so  classified  as  non-mineral  at  the  time  of  actual  Government  survey, 
which  has  been  or  shall  be  made,  of  the  United  States  not  reserved  and  to  which 
no  adverse  right  or  claim  shall  have  attached  or  have  been  initiated  at  the  time 
of  the  making  of  such  selection  lying  within  any  State  into  or  through  which 
the  railroad  of  said  Northern  Pacific  Railroad  Company  runs,  to  the  extent  of 
the  lands  so  relinquished  and  released  to  the  United  States." 

Page    374 


Gold  dredger  at  work  near  Oroville,  Butte  County,  California.     It  is  claimed  a  fair  profit  is 
made  working  ground  that  yields  five  cents  a  cubic  yard  by  this  process 

This  clause  in  the  Act  of  March  2,  1899,  has  been  construed  by  the  Interior 
Department  as  a  contract  between  the  Secretary  of  the  Interior  and  the  railway 
corporation.  If  it  had  been  a  lawful  contract  from  the  start,  there  would  never 
have  been  any  occasion  for  laying  particular  emphasis  upon  it,  as  a  constitutional 
provision  prohibits  Congress  from  passing  any  act  that  will  impair  the  obligations 
of  a  contract  where  the  Government  is  a  party ;  so  it  would  seem  that  there  was 
some  doubt  upon  the  subject,  even  in  the  controlling  minds  of  the  great  railroad 
corporation,  and  as  the  Secretary  of  the  Interior  is  vested  with  arbitrary  power 
in  the  interpretation  of  these  fine  points,  the  next  move  on  the  programme  was 
in  the  direction  of  making  sure  that  there  would  be  no  question  concerning  the 
confirmation  of  selections  under  the  act  itself. 

This  was  the  situation  when  James  Rudolph  Garfield  assumed  the  duties  of 
Secretary  on  March  4,  1907.  Up  to  that  time  comparatively  few  of  the  Northern 
Pacific  selections  had  been  patented,  and  those  already  approved  by  the  Interior 
Department  were  based  upon  the  recommendation  of  chiefs  of  divisions.  In  this 
respect  the  conclusions  of  the  Commissioner  of  the  General  Land  Office  had  a 
certain  amount  of  influence,  and  whenever  any  difference  of  opinion  arose  upon 
the  subject,  the  matter  would  be  brought  to  the  attention  of  the  Secretary,  who 
usually  referred  it  to  his  legal  advisers.  During  the  last  days  of  the  Hitchcock 
administration,  there  was  considerable  friction  between  the  Interior  Department 
and  the  General  Land  Office,  for  obvious  reasons,  and,  in  consequence,  the  opin- 
ions of  Commissioners  Hermann  and  Richards  carried  little  weight.  Practicallv 
everything  was  left  to  the  discretion  of  those  close  to  the  Secretary,  and  where 
there  were  no  serious  objections  to  a  list  selecting  public  lands,  it  was  generally 
approved  without  much  ceremony. 

Page   375 


The  situation  in  regard  to  some  of  the  rulings  of  the  Interior  Department 
during  Secretary  Hitchcock's  administration  may  be  parenthetically  explained  by 
the  statement  that  it  was  utterly  impossible  for  one  man  to  keep  in  constant  touch 
with  the  multitudinous  duties  of  the  Deparment.  Mr.  Hitchcock  was  obliged 
to  repose  a  certain  amount  of  confidence  in  those  around.,him.  He  was  forced 
from  necessity  to  rely  upon  the  good  judgment  and  integrity  of  his  advisers,  and 
in  this  he  was  often  deceived.  One  of  those  most  trusted  in  this  respect 
was  Willis  Yandevanter,  now  a  Federal  judge  in  Colorado,  but  for  a 
long  time  head  of  the  legal  staff  of  the  Interior  Department,  and  the  Secretary 
left  much  of  that  branch  of  duty  to  his  consideration.  He  prepared  most  of  the 
important  decisions  of  the  Department  affecting  momentous  questions,  so  that 
the  duties  of  the  Secretary  in  this  connection  were  merely  perfunctory.  There  is 
no  doubt  that  had  Secretary  Hitchcock  been  in  a  position  to  analyze  carefully 
every  question  coming  before  him,  some  of  the  decisions  emanating  from  the 
Department  during  his  term  would  never  have  been  rendered,  as  no  one  has  ever 
questioned  his  honesty  of  purpose,  and  his  whole  official  career  indicates  that  he  is 
a  man  of  irreproachable  character. 

As  to  Mr.  Yandevanter,  his  connection  with  the  Interior  Department  is 
best  told  in  an  Associated  Press  dispatch  from  Salt  Lake,  dated  December  27, 
1906,  detailing  the  proceedings  of  the  Interstate  Commerce  Commission  in  its  in- 
vestigation of  the  methods  of  acquiring  coal  lands  by  the  Rio  Grande  Railroad  and 
its  allied  companies,  the  Utah  Fuel  Co.,  and  the  Pleasant  Yalley  Coal  Co. 

"During  the  hearing  here  today,  a  glimpse  of  the  real  power  behind  the 
throne  was  given,  when  it  was  stated  by  Government  Land  Agents  that  they  had 
been  compelled  to  see  Senator  Francis  E.  \Yarren,  of  Wyoming,  regarding  official 
business  of  the  Land  Department.  Senator  Warren  is  charged  with  having  ruled 
the  General  Land  Office  for  a  number  of  years.  It  was  his  influence  and  that 
of  Senator  C.  D.  Clarke,  of  Wyoming,  which  secured  the  appointment,  during 
President  McKinley's  administration,  of  Willis  Yandevanter  to  be  Assistant 
Attorney-General  for  the  Interior  Department.  Yandevanter  was  the  legal  con- 
science of  the  Land  Department,  and  had  been  attorney  for  the  companies  charged 
with  stealing  the  land." 

Coincident  with  the  beginning  of  the  Garfield  administration  arose  a  demand 
from  somewhere  that  a  Western  man  should  fill  the  position  of  Commissioner  of 
the  General  Land  Office.  This  office  has  been  a  hotbed  of  intrigue  for  almost  a 
generation,  and  it  is  sad  to  relate  that  some  of  the  greatest  scandals  have  affected 
Western  Commissioners,  so  just  why  there  should  have  been  any  extraordinary 
call  for  a  Westerner  under  the  circumstances  surpassess  comprehension,  unle>> 
the  explantion  is  found  in  subsequent  events. 

For  some  reason  or  other,  the  sentiment  in  favor  of  a  Western  representa- 
tive in  the  General  Land  Office  seemed  to  center  around  R.  A.  Ballinger,  the 
former  mayor  of  Seattle,  Wash.,  a  city  where  the  Northern  Pacific  and  other  Hill 
lines  controls  about  everything  worth  having  in  a  political  sense.  It  has  been 
asserted,  in  fact,  that  the  law  firm  of  which  Mr.  Ballinger  is  a  member,  has  occa- 
sionally represented  the  Hill  lines  in  local  litigation,  and  as  Mr.  Ballinger  himself 
was  "an  old  college  chum"  of  Secretary  Garfield  at  Harvard,  it  was  but  natural 
that  he  should  be  favorably  considered.  Of  course,  at  first  it  required  a  great 
amount  of  coaxing  to  get  him  to  accept  the  position.  He  had  a  worthy  precedent 
in  this  respect,  because  it  is  a  matter  of  record  that  Caesar  thrice  refused  the 
crown  of  Rome,  if  Shakespeare  is  of  value  as  a  historian,  and  it  is  believed  that 
Mr.  Ballinger  was  equally  modest — but  he  got  there,  just  the  same. 

He  finally  consented  to  accept  the  place  upon  condition  that  as  soon  as  he 
had  succeeded  in  getting  the  American  government — including  the  General  Land 
Office — in  smooth  running  order,  he  should  be  permitted  to  retire  to  Seattle — pre- 
sumably upon  his  laurels.  In  the  meantime,  what  has  happened  ?  Only  this,  that 
during  Ballinger's  short  term  of  office  the  Northern  Pacific  lieu  selections  have 
been  patented  by  the  wholesale. 

Page    376 


Soon  after  entering  upon  his  duties,  it  was  shouted  in  clarion  notes  by 
various  Washington  correspondents,  that  the  new  Commissioner  was  the  Moses 
that  was  going  to  lead  the  poor  homesteader  out  of  the  slough  of  despond.  With 
little  regard  to  the  law  or  the  significance  of  prevailing  conditions,  it  was  asserted 
quite  freely  that  the  poor,  honest  settler  was  going  to  get  his  patent  without  delay, 
so  that  he  could  sell  his  land  and  be  enabled  to  live  in  luxury  the  rest  of  his  life 
on  the  proceeds.  It  was  never  brought  out  in  the  course  of  any  of  these  sudden 
manifestations  of  assumed  virtuous  concern,  that  if  a  homesteader  has  faithfully 
complied  with  the  land  laws,  and  has  proven  up  on  his  claim  and  secured  his  final 
certificate,  that  this  evidence  of  title  is  just  as  good  as  a  patent  for  all  practical 
purposes,  and  that  no  human  power  on  earth  can  ever  deprive  him  of  his  rights. 

That  wasn't  the  idea.  I  have  before  me  the  Portland  Morning  Oregonian 
of  September  3,  1907,  wherein  is  printed  more  than  a  column  tirade  from  the 
pen  of  Harry  Brown,  its  Washington  correspondent,  reflecting  severely  upon 
Ex-Secretary  Hitchcock  for  his  plain  duty  in  suspending  a  lot  of  bogus  Oregon 
homestead  entries,  and  proclaiming  that  it  would  be  Commissioner  Ballinger's 
policy  to  patent  everything  where  there  was  no  protest.  In  a  little  three  line  sen- 
tence at  the  bottom  of  this  article,  Brown  made  allusion  to  the  fact  that  all  lieu 
selections  would  also  be  approved,  and  I  was  forced  to  conclude  that  his  1,200- 
word  preamble  about  the  benefits  that  were  going  to  be  derived  by  the  poor, 
honest  settler,  was  merely  the  cloak  to  the  real  intentions  of  Commissioner  Bal- 
linger.  It  was  simply  his  artistic  way  of  breaking  the  news  gently  to  the  public, 
little  realizing  that  the  American  people  have  heard  that  sort  of  buncombe  with 
such  religious  frequency,  that  it  has  ceased  to  excite  comment. 

In  accordance  with  the  Commissioner's  determination,  as  outlined  by  press- 
agent  process,  Ballinger  instructed  the  Chiefs  of  Field  Divisions  in  Oregon,  Cali- 
fornia and  Washington — and,  I  presume,  elsewhere — to  make  field  investigation 
of  the  different  homestead,  timber  and  desert  land  claims  within  their  jurisdictions, 
and  in  cases  where  there  was  no  evidence  of  fraud,  or  where  no  protest  had  been 
filed  within  two  years,  that  the  entries  should  be  passed  to  patent.  When  this 
sweeping  order  was  issued,  Horace  Stevens  was  officiating  as  assistant  to  Special 
Inspector  Thomas  B.  Neuhausen,  who  was  then  Acting  Chief  of  Field  Division 
No.  1,  comprising  the  State  of  Oregon.  In  that  capacity,  all  the  notices  of  inten- 
tion to  make  final  proof  on  homestead,  timber  and  desert  land  entries  at  the 
various  United  States  Land  Offices  of  Oregon  came  under  his  personal  observa- 
tion. Pursuant  to  instructions  from  headquarters,  these  notices  of  final  proof 
were  sent  direct  to  Acting  Chief  Neuhausen  by  the  Registers  and  Receivers  of 
the  Portland,  Roseburg,  Lakeview,  Burns,  La  Grande  and  The  Dalles  Land  Dis- 
tricts. Fully  4,000  of  these  final  proof  notices  were  thus  received  within  a  very 
short  time,  and  as  only  a  limited  period  was  allowed  in  which  to  make  field  inves- 
tigations, it  can  be  readily  surmised  how  much  progress  was  made  in  this  direction, 
especially  when  it  is  considered  that  Acting  Chief  Neuhausen  had  but  seven 
Special  Agents  available  for  that  service. 

Under  cover  of  the  humane  spirit  displayed  by  Commissioner  Ballinger,  m 
seeking  to  have  the  poor,  honest  homesteader  get  his  patent  in  a  hurry,  there 
was  a  grand  rush  from  all  parts  of  the  State  to  get  aboard  before  the  Government 
pulled  in  its  gangplank.  Instances  were  numerous  where  claims  were  steeped 
in  fraud,  and  how  many  escaped  detection  may  perhaps  never  be  known,  but  a 
large  percentage  of  those  investigated  by  the  Special  Agents  was  found  to  be 
bogus,  and  they  only  represented  a  small  proportion  of  the  whole,  as  it  was 
utterly  impossible  for  such  a  small  force  as  Neuhausen  had  at  his  command  to 
consider  properly  so  many  claims,  situated  as  they  were  in  remote  districts  of 
the  State. 

At  all  events,  under  cover  of  this  seeming  concern  for  the  poor  settler,  the 
lieu  selection  lists  of  the  Northern  Pacific  have  been  approved  without  question, 
until  the  corporation  has  practically  exhausted  its  supply  of  base  thrown  on  the 
market  by  the  creation  of  the  Mt.  Rainier  Forest  Reserve,  and  its  bi-product,  the 

Page   377 


A  critical  moment  in  the  Williamson  case,  wherein  the  three  attorneys  of 

defendants  are  shown,  with  Judge  Bennett  interposing  a  strong 

objection  to  the  introduction  of  damaging  testimony 


Mt.  Rainier  National  Park.  The  Congressional  enactment  had  been  so  cleverly 
prepared  in  the  start,  and  later  fortified  by  Congressional  proceedings  of  a  similar 
character,  that  the  great  railway  company  was  granted  autocratic  power  in  the 
selection  of  tracts  in  lieu  of  those  surrendered,  and  clothed  with  an  authority  in 
this  respect  that  was  denied  individuals  or  competitors  of  any  kind.  In  round 
numbers,  the  Northern  Pacific  wras  privileged  to  select  1,000,000  acres  of  Govern- 
ment lands  by  this  process,  giving  in  exchange  whatever  "culled"  or  worthless 
tracts  it  possessed  in  the  two  reservations,  and  retaining  any  portions  therein  that 
were  valuable  for  their  timber. 

Of  the  1,000,000  acres  of  base  in  this  condition,  about  540,000  acres  have 
been  used  by  the  Company  in  making  its  own  selections;  approximately  200,000 
acres  sold  to  speculators  for  selection  purposes — for  which  the  Company  derived 
$8  an  acre — and  260,000  acres  of  its  lands  in  the  reserves  were  transferred  to  the 
\\eyerhaeuser  Syndicate  at  $6  per  acre.  The  latter  embraces  lands  that  were 
considered  too  valuable  to  trade  to  the  Government  even  as  exchange  for  other 
desirable  tracts,  being  the  cream  of  the  forest  that  was  set  aside  when  the  Rainier 
Mountain  Forest  Reserve  was  established. 

The  lands  selected  by  the  Northern  Pacific  in  Oregon  are  today  worth 
$100  an  acre,  or  $32,000,000  altogether;  those  taken  in  \Yashington  are  equally 
as  valuable,  so  far  as  they  go,  and  at  $100  an  acre  are  worth  $10,000,000 :  while 

Page    378 


the  120,000  acres  selected  by  the  corporation  in  Idaho  aggregate  a  total  of 
$7,200,000,  based  upon  a  conservative  market  valuation  of  $60  per  acre.  This 
makes  a  total  of  $49,200,000  for  its  selected  lands  alone,  without  counting  the 
$1,600,00  the  Northern  Pacific  received  from  outsiders  for  lieu,  or  the  $1,560,000 
it  got  from  the  Weyerhaeuser  Syndicate.  It  all  foots  up  $52,360,000  that  was 
given  the  Hill  corporation  through  the  kindness  of  Congress — a  sort  of  present 
from  the  people  of  the  United  States,  as  it  were — and  is  a  sermon  in  itself  as  to 
the  measures  liable  to  be  employed  by  the  company  to  remove  all  obstacles  in  the 
way  of  getting  the  selections  through  the  Land  Department  in  Washington,  D.  C. 

Appended  herewith  is  a  list  of  selections  made  in  the  Oregon  City  (now 
Portland)  and  Roseburg  Land  Districts  by  the  Northern  Pacific  Railroad  Com- 
pany. They  aggregate  197,447.33  acres,  and  constitute  the  bulk  of  these  selec- 
tions in  Oregon.  The  balance,  necessary  to  make  up  the  total  of  320,000  acres 
selected  by  the  railway  corporation  in  Oregon,  is  divided  among  the  four  other 
Land  Districts,  those  in  the  two  named  being  the  most  important. 

Surveyed  lands  selected  by  the  Northern  Pacific  Railroad  Company,  in 
the  Roseburg,  Oregon,  Land  District : 

List  No.  2.  Tp.  14  S.,  E.  3  E.,  Tp.  25  S.,  E.  3  W.,  and  Tp.  26  S.,  E.  3  W.  1,440.00  acres 

"  "  4.  Tp.  22  S.,  E.  2  W.,  Tp.  24  S.,  E.  10  W.,  and  Tp.  25  S.,  E.  10  W.  7,361.33  acres 

"  "  6.  Tp.  15  S.,  E.  2  E.,  Tp.  22  S.,  E.  2  W.,  and  Tp.  26  S.,  E.  2  W., 

Tp.  25  S.,  E.  3  W.,  and  Tp.  26  S.,  E.  3  W 3,867.53  acres 

"  ."  8.  Tp.  15  S.,  E.  1  E.,  Tp.  17  S.,  E.  1  and  2  E.,  Tp.  22  S.,  E.  2  W., 

Tp.,  24  S.,  E.  10  W.,  and  Tp.  24  S.,  E.  11  W 4,370.19  acres 

"  "10.  Tp.  25  S.,  E.  10  W 1,280.00  acres 

' '  "  11.  Tp.  22  S.,  E.  2  W.,  and  Tp.  22  S.,  E.  3  W 1,242.72  acres 

"  "12.  Tp.  26  S.,  E  3  W.,  Tp.  24  S.,  E.  10  W.,  and  Tp.  25  S.,  E.  10  W., 

Tp.  24  S.,  E.  11  W 7,668.54  acreb 

"  "  14.  Tp.  16  S.,  E.  3  E 2,920.00  acres 

"  "15.  Tp.  17  S.,  E.  3  E.,  and  Tp.  22  S.,  E.  1.  W 4,979.95  acres 

"  "  16.  Tp.  23  S.,  E.  10  W 1,160.00  acres 

"  "17.  Tp.  24  S.,  E.  10  W 2,819.40  acres 

"  "18.  Tp.  14  S.,  E.  2  E.,  and  Tp.  14  S.,  E.  3  E 3,828.72  acres 

"  "19.  Tp.  23  S.,  E.  1  W.,  and  Tp.  23  S.,  E.  9  W 1,973.54  acres 

"  "20.  Tp.  23  S.,  E.  9  W 1,253.82  acres 

"  "  21.  Tp.  23  S.,  E.  3  W 1,600.00  acres 

"  "  22.  Tp.  23  S.,  E.  9  W 960.68  acres 

"  "  23.  Tp.  23  S.,  E.  9  W.,  4,052.54  acres 

"  "24.  Tp.  16  S.,  E.  1  W.,  Tp.  28  S.,  E.  8  W.,  and  Tp.  28  S.,  E.  9  W., 

Tp.  21  S.,  E.  1  W 3,748.02  acres 

"  "25.  Tp.  21  S.,  E.  1  W.,  Tp.  28  S.,  E.  13  W.,  and  Tp.  29  S.,  E.  13 

and  14  W 5,203.51  acres 

"  "26.  Tp.  21  S.,  E.  1  W.,  Tp.  23  S.,  E.  8  W.,  and  Tp.  28  S.,  E.  9  W.  2,288.97  acres 

"  "27.  Tp.  23  S.,  E.  9  and  10  W •. 1,807.18  acres 

"  "29.  Tp.  28  S.,  E.  9  W.,  Tp.  21  S.,  E.  1  W.,  and  Tp.  23  S.,  E.  3  W.  2,028.48  acres 

"  "30.  Tp.  22  S.,  E.  3  W.,  Tp.  23  S.,  E.  2  and  3  W 3,375.67  acres 

"  "31.  Tp.  23  S.,  E.  3  and  4  W.,  Tp.  27  S.,  E.  10  W 1,844.54  acres 

"  "33.  Tp.  15  S.,  E.  1  W.,  Tp.  21  S.,  E.  7  W.,  and  Tp.  16  S.,  E.  9  W.  2,414.33  acres 

"  "37.  Tp.  24  S.,  E.  1  W.,  and  Tp.  27  S.,  E.  10  W 1,595.48  acres 

"  "38.  Tp.  27  S.,  E.  12  W 80.00  acres 

"  "39.  Tp.  25  S.,  E.  9  W 40.00  acres 

"  "  40.  Tp.  25  S.,  E.  9  W 3,680.00  acres 

"  "  41.  Tp.  25  S.,  E.  9  W 4,280.00  acres 

"  "  42.  Tp.  25  S.,  E.  8  W 1,520.00  acres 

"  "  43.  Tp.  25  S.,  E.  9  W 320.00  acres 

"  "  44.  Tp.  32  S.,  E.  2  W 160.00  acres 

"  "  45.  Tp.  27  S.,  E.  2  W 2,760.00  acres 

"  "  46.  Tp.  27  S.,  E.  2  W 4,080.00  acres 

"  "47.  Tp.  27  S.,  E.  2  W .- 160.00  acres 

"  "48.  Tp.  27  S.,  E.  2  W 120.00  acres 

"•  "  49.  Tp.  27  S.,  E.  2  W.,  160.00  acres 

94,445.14  acres 
Page   379 


Unsurveyed  lands  selected  by  the  Northern  Pacific  Railroad  Company,  in 
the  Roseburg  Land  District,  Oregon : 

List  Xo.  7.     Tp.  24  S..  K.  9   W 10,080.00  acres 

9.     Tp.  25  S..  R.  9  W 6,960.00  acres 

50.  Tp.  25  S..  R.  9  W ."•* 160.00  acres 

51.  Tp.  25  S.,  R,  9  W 160.00  acres 

52.  Tp.  25  S.,  E.  9  W 320.00  acres 

53.  Tp.  25  S.,  R.  9    \V 160.00  acres 

54.  Tp.  25  S.,  R.  9   W 160.00  acres 


18,000.00  acres 

Sun-eyed  lands  selected  by  the  Northern  Pacific  Railroad  Company,  in  the 
Oregon  City  Land  District,  Oregon: 

List  No.  2.  Tp.  6  S.,  R.  3  and  4  E.,  Tp.  2  S.,  R.  6  W.,  Tp.  4  X.,  R.  10  W.  6,889.53  acres 

3.  Tp.  5  S..  R,  4  E.,  and  7  S.,  R.  4  E 4.204.47  acres 

4.  Tp.  12  S..  R.  3  E..  Tp.  3  X..  E.  7  W..  and  Tp.  3  X.,  R.  8  W.  3,379.25  acres 

5.  Tp.  8  S.,  R.  3  and  4  E.,  Tp.  7  S.,  R.  4  E 10,819.77  acres 

6.  Tp.  12  S.,  R,  4  E 4,074.71  acres 

7.  Tp.  12  S.,  R.  4  E 6,969.42  acres 

8.  Tp.  11  S.,  R.  4  E 4.453.04  acres 

9.  Tp.  10  S.,  R.  4  E 8,252.93  acres 

10.  Tp.  11  S.,  R.  4  E 5.185.96  acres 

14.  Tp.   2   and  3   X..   R.   6   W 3.093.12  acres 


57.322.19  acres 

Un surveyed  lands  selected  by  the  Northern  Pacific  Railroad  Company,  in 
the  Oregon  City,  Oregon,  Land  District: 

List  Xo.  6.     Tp.  12  S.,  R.  4  E 3,680.00  acres 

Tp.  12  S.,  R,  4  E 9.600.00  acres 

8.  Tp.  11  S.,  R.  4  E 600.00  acres 

9.  Tp.  10  S.,  R.  4  E 400.00  acres 

10.  Tp.  11  S.,  R.  4  E 5.760.00  acres 

11 .  Tp.     7  S.,  R.  8  W.  | 160.00  acres 

11.  Tp.     9  S.,  R,  7  W 160.00  acres 

12.  Tp.  11  S.,  R.  4  E 1.440.00  acres 

13.  Tp.     7  S.,  R.  8  W.  . .  : 5.880.00  acres 


27,680.00  acres 

Approximately  1.000,000  acres  were  in  the  Rainier  Mountain  Forest 
Reserve  belonging  to  the  Northern  Pacific.  One-half  of  this  \vas  covered  with 
a  heavy  growth  of  timber,  which  the  company  sold  several  years  ago  to  the 
Weyerhaeuser  Syndicate,  before  their  value  was  realized,  and  the  balance  was 
used  as  scrip.  Of  the  above  quantity,  about  100,000  acres  were  situated  within 
the  limits  of  the  Mt.  Rainier  National  Park,  and  were  absolutely  worthless  for 
any  purpose  whatever,  except  as  basis  for  the  selection  of  other  lands.  The 
Company  selected  in  the  State  of  Washington  practically  100,000  acres  of  yellow 
fir  timber,  worth  at  this  time  at  least  $100  an  acre,  and  in  the  State  of  Idaho 
probably  120,000  acres  more  of  white  and  yellow  pine  timber  valued  at  from 
$50  to  $100  per  acre,  while  in  Oregon  320,000  acres  of  the  finest  yellow  fir  timber 
in  the  State  was  selected,  having  a  market  value  of  at  least  $100  an  acre.  50,000 
acres  being  unsurveyed  and  considered  the  cream  of  the  selections.  The  re- 
mainder of  their  scrip,  with  the  exception  of  a  few  thousand  acres,  the  Company 
sold  to  speculators  throughout  the  country  at  a  price  ranging  from  $5  to  $15 
an  acre. 

That  the  Northern  Pacific  Railroad  Company  has  a  fondness  for  grasping 
opportunities  is  shown  by  the  fact  that  not  much  time  was  lost  in  clinching  the 
bargain  after  the  Act  of  March  2,  1899,  went  into  effect,  as  the  records  show 

Page    380 


'C.'S    1 

'8  a  *« 

1-2  £ 

^•*0 


*  J£  *> 
•«"*-*; 

*>  "~ 

•^*.s 

•^^ 


" 


•o. 
I 


that  on  July  19  of  that  year  the  company  executed  a  blanket  deed,  conveying  to 
the  United  States  all  its  culled  and  worthless  tracts  embraced  in  the  Mt.  Rainier 
National  Park  and  Rainier  Mountain  Forest  Reserve.  Some  sort  of  intuition 
must  have  inspired  this  step,  because  the  clause  in  the  Act  of  June  4,  1897, 
permitting  the  exchange  of  lands  situate  in  a  forest  reserve  for  unsurveyed 
Government  lands  became  inoperative  after  October,  1899.  The  fact  of  the 
Northern  Pacific  having  relinquished  to  the  United  States  all  claims  to  a  large 
percentage — the  worthless  portions,  in  short — of  its  holdings  in  the  two  reserva- 
tions, gave  the  company  full  authority  to  sit  back  and  select  lands  in  lieu  thereof 
at  its  pleasure,  and  it  has  since  followed  this  policy  at  all  times. 

While  individuals  are  not  permitted  to  make  selections  under  the  dead 
"scripper"  law  of  June  4,  1897,  the  favored  Northern  Pacific  is  allowed  to  do 
so,  and  can  take  its  pick  from  the  cream  of  all  townships,  surveyed  or  unsur- 
veyed,  in  any  State  penetrated  by  its  lines.  During  the  period  the  Act  in  question 
was  in  effect,  whenever  an  individual  presented  a  selection  under  its  provisions,  he 
was  required  to  do  so  simultaneously  with  his  transfer  of  the  base  to  the  Govern- 
ment. Not  so  with  the  Northern  Pacific,  however.  Under  the  broad  and  sweeping 
regulations  of  the  Act  of  March  2,  1899,  arranged  especially  for  the  benefit  of 
the  corporation,  it  was  kindly  granted  the  privilege  of  conveying  to  the  Govern- 
ment all  portions  in  the  two  reserves  that  it  did  not  want,  or  had  no  use  for,  and 
then  leisurely  awaiting  developments  until  it  saw  something  that  appealed  to  its 
desires !  This  was  not  the  worst  feature  of  the  situation,  either ;  whenever  the 
great  railway  corporation  once  feasted  its  eyes  upon  a  township  rich  in  timber 
resources,  like  a  hungry  pack  of  wolves  inspired  by  the  taste  of  blood,  it  would 
brook  no  obstacle  in  the  way  of  acquiring  a  foothold,  and  in  furtherance  of  this 
grasping  idea,  has  been  known  to  harass  settlers  in  every  illegitimate  manner 
possible.  By  bulldozing  tactics,  no  less  than  fifteen  families  were  frightened  out 
of  a  surveyed  township  in  Clark  County,  Washington,  upon  one  occasion,  notwith- 
standing they  had  made  substantial  improvements  upon  their  claims,  were  acting 
in  good  faith,  and  had  presented  their  homestead  filings  at  the  local  Land  Office 
when  the  official  survey  was  approved.  The  Northern  Pacific  had  made  selection 
of  the  various  tracts  in  accordance  with  the  rights  conferred  by  Congress  under 
the  Act  of  March  2,  1899,  and  had  instituted  contests  against  the  settlers,  who 
gave  up  their  possessions  rather  than  take  chances  against  such  odds,  knowing 
that  they  had  no  show  in  either  the  Courts  or  the  Land  Department,  where  it 
was  realized  the  Northern  Pacific  had  full  sway. 

In  some  sections  of  Oregon,  cruisers  and  guards  warn  intending  settlers 
away  from  unsurveyed  townships  that  have  been  covered  by  Northern  Pacific 
selections,  and  around  the  various  United  States  Land  Offices  of  the  different 
districts  in  that  State,  are  stationed  agents  of  the  corporation  who  discourage 
settlers  from  attempting  to  find  homes  within  the  confines  of  any  region  wanted 
by  this  grasping  octopus. 

The  fact  that  the  company  has  adopted  such  stringent  measures  discloses 
in  itself  that  a  question  exists  concerning  the  validity  of  titles  acquired  to  such 
tracts.  I  am  unaware  that  the  issue  has  ever  been  determined  by  any  competent 
legal  tribunal,  but  if  the  Northern  Pacific  was  really  satisfied  in  its  own  mind 
that  the  Act  of  March  2,  1899,  granting  them  such  exclusive  privileges  was  not 
special  legislation  of  a  dangerous  type,  and  liable  to  be  upset  by  process  of  Court 
proceedings,  it  is  hardly  likely  that  such  brutal  tactics  would  be  resorted  to. 

There  was  one  notable  instance  where  the  Northern  Pacific  got  badly  left 
in  its  efforts  to  grab  a  whole  township  of  unsurveyed  land.  This  was  in  connec- 
tion with  Township  15  South,  Range  3  East,  situated  in  Lane  County,  Oregon. 
Although  the  entire  township  had  been  settled  by  squatters  prior  to  survey,  with 
a  view  of  filing  homestead  claims  thereon  as  soon  as  the  survey  was  approved, 
the  Northern  Pacific  made  forest  reserve  lieu  selection  of  every  acre  in  the  town- 
ship shortly  before  it  came  into  market,  and  sent  its  agents  around  to  notify  the 
squatters  to  vacate  their  claims,  threatening  that  unless  they  did  so  the  railroad 

Page    382 


company"  would  contest  each  entry  on  the  ground  that  it  was  more  valuable  for 
its  timber  than  for  agricultural  purposes.  Rather  than  run  any  risk  of  a  lawsuit 
with  the  gigantic  corporation,  the  settlers,  who  were  all  poor  persons,  gave  up 
their  claims.  As  the  Act  of  March  2,  1899,  required  the  company  to  file  a  new 
list  to  lands  that  had  been  selected  prior  to  survey,  within  90  days  after  the 
survey  of  the  township  had  been  approved,  Frederick  A.  Kribs  became  aware  of 
this  fact,  and  his  stand-in  with  the  Register  and  Receiver  of  the  Roseburg  Land 
Office  enabled  him  to  work  a  clever  scheme  on  the  Northern  Pacific  and  beat 
the  corporation  out  of  more  than  20,000  acres  of  fine  timber  land. 

Kribs  knew  that  as  soon  as  the  survey  of  the  township  was  approved  the 
Northern  Pacific  would  be  obliged  to  file  an  amended  selection,  under  the  term  of 
the  Act  of  March  2,  1899,  heretofore  quoted.  He  therefore  placed  in  the  hands  of 
Register  J.  T.  Bridges  and  Receiver  J.  H.  Booth  a  selection  list  in  his  own  name, 
covering  the  entire  township,  with  instructions  for  those  officers  to  file  the  same 
as  soon  as  the  Northern  Pacific  withdrew  its  base  for  the  purpose  of  amendment, 
in  order  to  conform  with  the  strict  lines  of  the  new  survey.  By  keeping  in  close 
touch  with  the  survey  before  the  official  plat  was  filed  in  the  Land  Office,  Kribs 
had  been  enabled  to  secure  an  accurate  description  of  the  lands  he  wanted,  so 
that  when  the  Northern  Pacific  withdrew  its  selection  for  the  purpose  of  amend- 
ment, the  officers  of  the  Roseburg  Land  Office  permitted  Kribs's  selection  to  have 
the  right  of  way,  and  the  bold  operator  thus  became  the  owner  of  more  than 
23,000  acres  of  choice  yellow  fir  timber  land,  easily  worth  $50  an  acre,  at  a  cost 
of  $6  an  acre — the  price  of  the  scrip. 

It  is  believed  that  the  Northern  Pacific  now  has  in  view  another  base 
project,  almost  equally  as  brazen  as  its  successful  effort  in  connection  with  the 
Mt.  Rainier  National  Park  scheme.  This  contemplates  the  conversion  of  Mt. 
St.  Helens  into  a  National  Park,  and  the  consequent  creation  of  more  lieu  for 
the  railway  corporation.  This  high  peak  was  originally  outside  the  limits  of 
the  Rainier  Mountain  Forest  Reserve,  but  has  since  been  included  therein,  and 
it  begins  to  look  as  if  it  were  omitted  intentionally  at  first  for  some  ulterior 
purpose  of  the  character  indicated.  The  fact  is,  the  Northern  Pacific  finds 
itself  running  short  of  lieu,  and  something  like  this  has  to  be  done  in  order  to 
relieve  the  congestion.  Besides,  what  is  the  use  of  keeping  a  lot  of  hired  men 
around  without  any  visible  means  of  support? 

No  plausible  reason  exists  why  Mt.  St.  Helens  should  not  have  been 
included  in  the  Rainier  Mountain  Forest  Reserve  in  the  first  place.  It  was  only 
separated  from  the  southwestern  boundary  of  the  old  limits  by  a  single  township, 
as  the  map  shows,  and  as  the  company  owns  the  odd-numbered  sections  surround- 
ing it  for  many  miles,  and  as  there  are  all  kinds  of  golden  opportunities  to  get 
in  on  the  ground  floor  with  a  lot  of  jokers  of  the  kind  that  are  very  much  in 
evidence  in  the  Act  of  March  2,  1899,  the  country  can  expect  something  in  the 
shape  of  a  duplicate  of  the  Mt.  Rainier  National  Park  scheme  sooner  or  later. 

It  is  claimed  that  all  these  high  peaks  in  the  Northwestern  country  were 
active  volcanoes  during  prehistoric  days,  and  if  indications  count  for  anything, 
they  are  still  gifted  with  eruptive  tendencies  in  the  way  of  belching  forth  enor- 
mous benefits  for  great  and  greedy  corporations. 

At  the  time  I  was  taken  to  Washington  as  a  witness  for  the  Government 
in  the  case  against  Binger  Hermann,  an  episode  occurred  that  bears  out  the  ideas 
[  have  undertaken  to  convey  herein.  On  December  27,  1906,  I  published  a  state- 
ment in  the  Portland  Morning  Oregonian,  foreshadowing  an  attack  in  my  forth- 
coming book  upon  the  methods  pursued  by  the  Northern  Pacific  Railroad  Com- 
pany regarding  the  Rainier  Mountain  Forest  Reserve  steal.  That  was  sufficient 
notice  to  put  the  "faithful"  on  guard,  so  that  when  I  reached  the  National  capital 
in  March,  1907,  my  coming  had  been  anticipated  in  that  respect.  Upon  arrival 
there  I  gave  out  an  interview  in  the  local  press,  to  the  effect  that  it  was  my 
intention  to  take  advantage  of  the  situation  and  gather  material  for  the  book, 
and  this  was  the  signal  for  all  hands  to  be  on  the  alert. 

Page   383 


J.  F.   ("Jack")  Kerrigan,  the  United  States  Deputy  Marshal  who 

escorted  Puter  to  Washington  when  the  land  fraud  king  was 

summoned  as  a  witness  in  the  Hermann  case,  and 

who  brought  McKinley  back  from  China 

after  a  30,000-mile  chase 

About  two  weeks  alter  my  arrival,  accompanied  by  Deputy  United  States 
Marshal  J.  F.  Kerrigan,  who  had  escorted  me  across  the  continent,  I  went  to 
the  General  Land  Office,  equipped  with  an  order  from  United  States  Attorney 
D.  W.  Baker,  of  the  District  of  Columbia,  for  certain  data  to  be  used  at  the 
Hermann  trial.  This  included  the  status  of  the  six  fraudulent  homestead  claims 
in  Tp.  24  S.,  R.  1  E.,  together  with  information  pertaining  to  the  seven  bogus 
entries  in  11-7,  acquired  by  McKinley  and  Montague.  A  clerk  in  Division  "P" 
of  the  Land  Office  was  sent  with  us  for  the  purpose  of  enabling  me  to  secure  the 
data  required,  and  after  having  obtained  this  information,  I  next  made  inquiry 
pertaining  to  the  Northern  Pacific  Railroad  Company's  lieu  selections  in  Oregon. 
This  was  like  a  thunderbolt  from  a  clear  sky  to  the  clerk,  and  notwithstanding 
that  United  States  Attorney  Baker's  order  called  for  this  information,  objection 
was  raised  to  showing  the  Northern  Pacific  lieu  selection  records  to  me  that  day. 
upon  the  plea  that  the  clerk  was  too  busy  to  do  so,  and  for  me  to  call  again. 
At  the  time  we  entered  the  room  where  the  lieu  selections  were  kept,  a  person 

Page    384 


was  present  whom  the  clerk  declared  in  our  presence  was  an  attorney  for  the 
Northern  Pacific,  and  he  seemed  to  manifest  considerable  interest  when  the 
subject  of  the  corporation's  selections  came  up. 

On  the  day  following  my  visit  to  the  General  Land  Office,  I  was  called  as 
a  witness  in  the  Hermann  case,  and  was  on  the  stand  at  intervals  for  three  days. 
About  three  or  four  days  after  my  first  visit,  I  returned  to  the  General  Land 
Office,  still  accompanied  by  Kerrigan,  and  was  asked  by  Assistant  Commissioner 
Dennett  what  was  wanted  this  time. 

"I  desire  to  finish  up  the  work  for  which  I  was  given  an  order  several  days 
ago,"  was  my  response. 

After  questioning  me  very  closely  concerning  the  nature  of  the  business, 
Dennett  went  into  Commissioner  Ballinger's  private  office,  and  upon  emerging 
therefrom,  after  quite  a  long  conference  with  his  chief,  told  me  that  having 
testified  already  in  the  Hermann  case,  I  would  have  to  get  a  new  order  from 
Baker. 

I  thereupon  returned  to  the  latter's  office,  and  at  1 1  o'clock  the  next  morn- 
ing came  back  to  the  General  Land  Office  with  a  new  order  from  the  United 
States  Attorney,  requesting  him  very  plainly  to  give  me  what  information 
was  required  relative  to  the  Northern  Pacific  lieu  selections,  adding  that  it  might 
be  necessary  for  use  in  the  Hermann  trial.  The  order  was  delivered  to  a  clerk, 
who  took  it  in  to  Dennett. 

Dennett  came  out  and  questioned  me  about  it,  asking  me  what  I  wanted 
the  information  for.  I  replied  that  I  was  a  witness  in  the  Hermann  case,  and 
might  need  the  information  sought  to  strengthen  my  testimony.  Dennett  then 
said  that  he  would  have  to  see  the  Commissioner  about  it,  so  taking  the  order, 
he  went  into  Mr.  Ballinger's  office,  and  upon  his  return,  informed  me  that  the 
matter  would  have  to  be  taken  up  with  the  Secretary  of  the  Interior,  and  for  me 
to  come  back  at  2  o'clock  that  afternoon. 

About  half  an  hour  later  I  met  the  clerk  in  the  hallway  of  the  Court  house 
where  the  Hermann  case  was  in  progress.  He  held  in  his  hand  the  same  en- 
velope I  had  given  him  from  Baker.  Deputy  Marshal  Kerrigan,  who  had 
formerly  been  a  member  of  the  Portland  detective  force,  called  my  attention  to 
this  fact,  and  will  corroborate  me  upon  the  point.  The  clerk  went  into  Baker's 
office,  and  we  heard  them  wrangling  over  the  matter  for  several  minutes,  with  the 
result  that  Baker  told  the  clerk  in  unmistakable  language  that  the  Commissioner 
would  have  to  let  me  have  what  I  wanted. 

At  the  hour  appointed,  Kerrigan  and  myself  went  back  to  the  General 
Land  Office,  and  into  the  same  room  we  had  been  before,  where  we  again  noticed 
the  Northern  Pacific  attorney.  He  endeavored  in  every  possible  way  to  ascer- 
tain what  I  was  doing,  even  going  to  the  extent  of  audacity  by  peering  over  my 
shoulder  while  I  was  at  work  on  the  lieu  selection  records,  and  I  had  to  move  in 
order  to  avoid  him. 


Page    385 


The  picture  that  elected  Binder  Hermann  to  Congress 


HISTORY  OF  THE  PICTURE  THAT  ELECTED  HERMANN  TO 

CONGRESS. 

One  of  the  most  brazen  efforts  to  gain  cheap  notoriety  ever  recorded  is 
portrayed  in  the  illustration,  revealing  President  Roosevelt  in  the  act  of  deliver- 
ing a  rear-platform  speech,  with  Binger  Hermann,  the  disgraced  former  Land 
Commissioner,  standing  complacently  by  his  side,  as  if  ordained  to  assist  in  court- 
ing the  plaudits  of  the  multitude. 

Those  unfamiliar  with  the  relations  existing  between  the  two  at  the  time 
would  very  naturally  assume  that  the  Ex-Commmissioner  of  the  General  Land 
Office  was  the  favored  companion  of  the  President  upon  this  auspicious  occasion, 
and  that  the  Chief  Executive  found  an  affinity-like  pleasure  in  his  presence.  As 
a  matter  of  fact,  he  was  simply  a  skeleton  at  the  feast,  and  had  appeared  unbidden 
upon  the  scene  at  a  moment  when  the  photographer  for  a  local  newspaper  was 
about  to  snap  his  camera. 

During  President  Roosevelt's  tour  of  the  West  in  the  Spring  of  1903,  his 
itinerary  included  a  visit  to  Portland,  Oregon,  and  by  some  unexplained  hocus- 
pocus,  Hermann,  who  resides  at  Roseburg,  in  the  southern  part  of  the  State, 
and  was  a  candidate  upon  the  Republican  ticket  for  representative  from  the 
First  Congressional  District  of  Oregon,  had  smuggled  himself  on  board  the 
Presidential  train,  and  with  an  exhibition  of  that  rare  quality  of  pure  and 
unadulterated  audacity  that  has  invariably  been  the  Ex-Land  Commissioner's 
principal  stock  in  trade,  had  ensconsed  himself  in  the  private  car  of  Mr.  Roose- 
velt, who,  but  a  short  time  previously,  had  unceremoniously  ousted  Hermann 
from  office  on  account  of  his  crooked  transactions. 

As  the  train  moved  into  the  depot  at  Portland,  a  vast  concourse  of  citizens 
had  assembled  to  pay  its  respects  to  the  distinguished  visitor,  and,  in  response 
to  the  popular  demand,  the  President  appeared  upon  the  rear  platform  and  pro- 
ceeded to  deliver  one  of  his  characteristic  addresses.  At  this  juncture,  H.  M. 
Smith,  a  member  of  the  art  department  of  the  Evening  Telegram,  set  his  camera 
in  position,  with  a  view  of  taking  an  interesting  scene.  The  arrangements  of 
the  photographer  were  not  lost  to  the  eagle  eyes  of  Mr.  Hermann,  who  discerned 
in  the  situation  a  golden  opportunity  for  retrieving  his  rapidly  fading  political 
fortunes. 

With  an  acumen  worthy  of  a  better  cause,  Hermann  timed  his  arrival 
coincident  with  the  photographer's  operations,  and  the  two  men  are  shown  as 
if  on  terms  of  the  utmost  intimacy. 

Not  content  with  the  veneering  of  fame  thus  obtained,  Hermann  had 
enlarged  copies  of  the  picture  circulated  broadcast  throughout  his  Congressional 
District,  with  the  result  that  he  was  triumphantly  elected,  as  President  Roosevelt 
has  always  been  such  a  popular  idol  in  the  Oregon  country  that  Hermann's  con- 
stituents were  under  the  impression  they  were  doing  the  Chief  Executive  a  per- 
sonal favor  by  sending  the  deposed  Land  Commissioner  to  a  seat  in  the  legis- 
lative halls  of  the  nation;  general  publicity  to  the  reasons  for  his  removal  from 
office  not  having  been  given  at  this  time. 

Hermann's  connection  with  the  incident  mentioned,  is  on  a  par  with  his 
conduct  at  the  time  he  first  appeared  before  the  Federal  Grand  Jury  of  Oregon 
that  returned  indictments  against  him  afterward.  He  had  been  called  to  give 
testimony  in  his  own  behalf  in  one  of  the  several  cases  under  consideration 
against  himself,  and  as  Hermann  entered  the  Grand  Jury  room,  he  threw  his 
right  arm  familiarly  over  the  shoulders  of  Special  Assistant  Heney,  who  pre- 
ceded him,  as  if  the  latter  were  his  bosom  companion,  and  in  this  manner  stalked 
majestically  into  the  presence  of  the  inquisitorial  body,  much  to  Heney's  uncon- 
cealed disgust.  In  fact,  the  most  plausible  explanation  as  to  why  the  Ex-Land 
Commissioner  refrained  from  maintaining  a  continuous  loving  embrace  of  the 
Government  prosecutor  throughout  the  entire  proceedings  exists  'in  the  belief 
that  the  rear  portion  of  Heney's  neck  was  becoming  too  warm  for  further 
comfort. 

Page    387 


Chapter  XXV 


Some  interesting  information  on  the  subject  of  "cruisers,"  showing  the  important 
work  of  this  highly  necessary  class  in  connection  with  the  lumbering  indus- 
try— Honesty  and  integrity  a  prime  factor  in  the  business  of  estimating 
timber — How  dealers  in  timber  lands  arc  often  swindled  by  misleading 
reports  of  dishonest  cruisers — Also  exposes  the  scheme  of  land  locators 
to  catch  victims,  and  furnishes  a  way  of  preventing  deception  in  this 
respect. 

THERE  has  been  such  frequent  allusion  to  "cruisers"  in  these  pages  that 
it  does  not  seem  amiss  to  give  the  reader  a  short  description  of  this  class, 
whose  operations  are  so  essential  to  the  timber  business.  A  cruiser  is  a  per- 
son who  estimates  the  standing  timber  on  a  tract  of  land.  He  must  be  well 
versed  in  the  different  qualities  of  timber  and  able  to  tell  at  a  glance  whether  a 
tree  is  perfectly  sound  or  not;  the  amount  of  clear  lumber  it  will  produce,  as  well 
as  the  total  quantity  in  the  tree.  He  is  also  required  to  know  something  about 
civil  engineering,  how  to  run  the  compass,  and  to  understand  the  various  mag- 
netic variations  of  the  townships.  All  subdivision  lines  in  a  township  are  not  run 
on  the  same  variations,  as  they  often  vary  from  5  to  10  degrees.  The  cruiser 
must  likewise  be  skilled  in  mathematics,  as  much  depends  upon  his  accuracy  in 
computing  the  amount  of  the  different  classes  of  timber  on  a  given  tract. 

All  cruisers  do  not  estimate  timber  alike,  however.  Generally  the  first 
thing  to  do  is  to  find  the  corner  post  of  a  section  that  is  to  be  estimated,  and  if  it 
should  be  the  southeast  corner,  and  it  was  concluded  to  estimate  north  and  south 
instead  of  west  and  east,  it  is  the  usual  custom  to  begin  by  first  taking  62l/2 
paces  due  west  from  the  cornerpost,  from  which  point  he  would  proceed  due 
north,  parallel  with  the  section  line,  noting  down  in  a  small  plat  book  at  the  end 
of  each  100  paces  the  character  of  timber  encountered,  and  such  other  mem- 
oranda as  would  enable  the  cruiser  to  form  an  accurate  estimate  of  each  acre 
traversed.  Should  he  run  into  a  "burn,"  the  exact  point  of  entering  same  is 
noted  on  his  plat  book,  together  with  the  spot  where  the  green  timber  is  once 
more  encountered.  The  reason  for  taking  62l/2  paces  west  at  the  start  is  based 
upon  the  fact  that  a  section  of  640  acres — or  one  mile  in  extent — is  supposed  to 
be  covered  by  2,000  ordinary  paces ;  hence  such  a  division  would  make  the  62l/2 
paces,  equivalent  to  one-sixteenth  of  a  mile. 

After  a  competent  cruiser  has  completed  2,000  paces,  he  knows  that  he  is 
near  the  north  boundary  of  the  section  being  cruised,  and  seldom  misses  the  line 
of  survey  more  than  20  or  30  paces,  no  matter  how  rough  or  broken  the  country 
is  through  which  he  is  passing.  He  becomes  so  accustomed  to  his  work  that  it  is 
possible  for  a  competent  cruiser  to  pace  a  mile  almost  as  accurately  as  the  lines 
could  be  run  with  a  measured  chain.  As  he  goes  north  in  this  fashion,  he  makes 
a  careful  estimate  of  the  different  qualities  of  timber  through  which  he  is  pass- 
ing, setting  down  the  number  and  varieties  of  trees,  together  with  the  measure- 
ments of  those  of  commercial  value.  It  has  even  been  stated  that  so  careful  is 
the  great  Weyerhaeuser  syndicate  in  this  respect  that  cruisers  working  for  them 
are  instructed  to  take  perfect  measurements  of  each  tree,  no  matter  what  its  size 
or  quality,  so  as  to  equip  the  estimator  with  the  fullest  information  on  the 
subject. 

After' the  north  line  of  the  section  has  been  intercepted,  the  cruiser  will 
proceed  west  on  the  section  line  for  125  paces,  or  double  the  distance  previously 
marked.  He  does  this  for  a  twofold  object :  first,  because  from  the  line  originally 

Page   388 


established  he  is  able  to  determine  ihe  character  of  timber  for  a  distance  of 
at  least  62l/2  paces  on  either  side ;  second,  for  the  reason  that  it  enables  him  to 
cover  more  territory  and  accomplish  the  same  object.  If,  however,  he  should 
discover  the  trees  to  be  remarkably  thin,  and  with  little  or  no  underbrush  to 
contend  with,  he  would,  in  that  event,  proceed  west  125  paces  each  time,  or 
exactly  double  the  distance  originally  named.  In  this  manner  the  entire  section 
is  gone  over,  traveling  north  and  south  upon  each  occasion  until  it  frequently 
happens  that  fully  sixteen  miles  of  traveling  back  and  forth  are  necessary  to 
complete  the  estimates  on  a  single  section.  Where  a  tract  of  several  thousand 
acres  are  involved,  which  often  happens,  it  can  be  seen  readily  that  a  great  deal 
of  ground  must  necessarily  be  gone  over  in  this  way.  As  a  rule,  however,  the 
estimator  can  see  plainly  for  a  distance  of  62*/2  paces  on  either  side,  and  arrive 
at  a  close  conclusion  regarding  the  quantity  of  timber  on  the  land. 

Very  much  depends  upon  the  honesty  of  a  cruiser,  as  may  be  assumed.  He 
has  it  in  his  power  to  do  either  the  contemplated  purchaser  of  the  tract  or  the 
one  who  sells  an  irreparable  injury  by  any  dishonest  methods.  For  instance,  he 
can  "stuff"  the  estimates  in  such  manner  as  to  make  it  appear  that  there  is  a 
great  deal  more  timber  on  the  land  than  actually  exists,  or  he  can  underestimate 
just  as  readily,  according  to  how  he  has  been  "approached,"  and  if  his  figures  do 
not  show  that  the  land  runs  up  to  a  given  quantity  or  merchantable  lumber,  the 
seller  is  usually  quite  willing  to  shave  the  price ;  whereas,  if  it  runs  much  more 
than  anticipated,  the  would-be-purchaser  is  quite  eager  to  buy,  when,  as  a  matter 
of  fact,  he  is  paying  for  padded  returns. 

In  all  truth  the  position  of  a  cruiser  or  estimator  in  regard  to  honesty  and 
reliability  is  on  a  par  with  that  occupied  by  the  cashier  or  paying  teller  of  some 
large  bank.  In  fact,  it  is  more  important,  in  some  respects,  as  a  crooked  cruiser 
is  capable  of  swindling  his  employer  out  of  thousands  of  dollars  without  becom- 
ing involved  in  criminal  liability,  because,  if  cornered  he  can  set  up  as  a  defense 
that  subsequent  estimates  exposing  his  dishonest  efforts  are  the  result  of  a  diff- 
erence of  opinion  between  experts,  and  there  is  no  law  that  can  reach  him. 

A  crooked  cruiser  can  defraud  his  employer  by  standing  in  with  the  man 
who  is  selling  the  timber  and  stuffing  the  estimates,  or  turning  in  several  thous- 
and feet  more  per  acre  than  the  estimates  justify.  In  consequence,  a  "square" 
cruiser — of  which,  unfortunately,  the  woods  are  not  full — often  receives  high 
pay  for  his  services,  some  of  the  best  obtaining  from  $15  to  $20  a  day,  besides 
expenses,  and  if  he  is  sincere  and  earnest  in  his  efforts  to  reach  a  proper  deter- 
mination of  the  quantity  of  timber  on  a  tract,  it  is  obvious  that  his  services  are 
worthy  of  even  greater  compensation. 

As  a  matter  of  fact,  estimating  timber  by  "stumpage"  has  only  been  in 
vogue  for  a  few  years  past,  as  it  has  heretofore  been  the  custom  to  sell  land 
by  the  quarter  section,  and  not  by  the  thousand  feet,  as  it  is  purchased  now. 
Consequently,  until  comparatively  recent  date,  the  services  of  a  practical  estima- 
tor have  not  been  required  on  the  Pacific  Coast,  as  in  days  gone  by,  a  few  million 
feet  one  way  or  the  other  did  not  make  so  much  difference  on  a  quarter  section. 
However,  timber  lands  are  constantly  increasing  in  value,  and  rapidly  becoming 
concentrated  in  the  hands  of  a  few  wealthy  syndicates,  so  that  it  is  absolutely 
necessary  to  know  the  exact  amount  each  acre  is  capable  of  producing  before 
there  is  much  likelihood  of  a  sale.  In  other  words,  the  intrinsic  value  of  timber 
lands  is  becoming  recognized  more  than  ever  before.  "Stumpage"  throughout 
the  Pacific  Northwest  now  ranges  from  50  cents  to  $2.50  per  thousand  feet, 
according  to  market  conditions  and  quality  of  timber,  while  a  decade  ago  these 
lands  were  disposed  of  on  the  basis  of  from  $4  to  $10  an  acre,  as  the  supply  and 
demand  justified.  This  amounted  practically  to  a  maximum  price  of  about  25 
cents  per  thousand  feet. 

In  order  to  be  thoroughly  competent  in  making  estimates,  the  cruiser 
should  have  had  some  experience  in  scaling  saw  logs  in  the  mill  pond,  or  bed  of 
the  mill  before  being  manufactured  into  lumber,  as  well  as  tallying  the  lumber 

Page    389 


after  the  logs  have  been  sawed,  so  as  to  know  just  what  deductions  are  necessary 
with  respect  to  defects  in  the  log,  such  as  blind  knots,  shake,  and  many  other 
imperfections  that  develop  in  the  course  of  manufacture.  He  must  also  be  able 
to  judge  whether  the  tree  as  it  stands  in  the  forest  is  perfectly  sound,  which  is 
often  determined  by  the  fungus  growth  or  "conkers"  in  the  sides  of  the  tree, 
spike  tops,  white  moss  and  dead  limbs,  or  similar  conditions.  The  latter  is  a 
sure  indication  that  the  heart  of  the  tree  is  more  or  less  affected  by  rot.  In 
other  cases  timber  with  pitch  holes,  or  small  openings  in  the  butt  of  the  tree  de- 
note serious  defects.  Another  feature  that  must  be  considered  is  the  liability 
of  breakage  in  falling  the  timber  on  rough  ground.  Without  being  possessed 
of  these  qualifications,  a  cruiser  would  be  unable  to  determine  with  any  degree 
of  accuracy  whether  a  body  of  timber  was  sound  or  not. 

When  a  tract  is  cruised,  the  estimates  should  show  the  quantity  of  timber ; 
as  well  as  the  different  qualities  thereof  on  each  subdivision  of  forty  acres, 
together  with  notes  showing  the  location  of  "burns"  and  openings ;  all  branches, 
streams,  ridges,  elevations,  slopes,  and  in  fact  it  should  contain  a  complete  pen- 
picture  of  everything  connected  with  the  tract,  including  the  most  feasible  meth- 
od of  getting  the  timber  out.  character  of  soil,  etc. 

Cruisers  and  estimators  throughout  Minnesota.  Wisconsin  and  Michigan, 
and  other  prominent  Middle  Western  lumbering  States,  are  in  a  class  by  them- 
selves, and  are  regarded  generally  with  feelings  of  the  greatest  respect  wherever 
they  go,  as  they  are  known  to  occupy  an  important  station  in  life.  Although 
often  roughly  attired,  they  are  usually  men  of  affairs,  and  invariably  seek  the 
best  accommodations  obtainable.  Up  to  within  the  past  fe\v  years,  Pacific  Coast 
cruisers — so-called — were  very  much  in  disrepute,  being  looked  upon  as  land 
sharks  of  a  dangerous  type.  As  a  rule  they  knew  less  concerning  the  correct 
method  of  estimating  the  timber  on  a  tract  of  land  than  a  horse  does  of  religion. 
their  principal  stock  in  trade  consisting  of  a  deep-seated  desire  to  catch  "suckers" 
by  masquerading  as  experts  on  timber  valuations.  For  the  most  part,  they 
embraced  a  class  of  "locators,"  who,  by  process  of  dishonest  methods,  had 
brought  a  stigma  upon  their  calling,  and  in  consequence  were  regarded  as  "un- 
desirable citizens." 

During  1900  I  had  occasion  to  stop  in  San  Francisco  for  a  night  while 
enroute  from  Minnesota,  accompanied  by  the  president  of  a  large  timber  land 
syndicate,  and  one  of  his  cruisers,  the  latter  a  trustworthy  and  reliable  gentleman 
and  one  who  understood  the  timber  business  thoroughly.  They  had  come  West 
with  me  for  the  purpose  of  cruising  and  estimating  a  large  tract  of  redwood  tim- 
ber land  in  Humboldt  County,  Cal.,  with  a  view  of  purchasing.  We  entered  the 
Palace  Hotel  and  were  about  to  register,  when  the  incipient  clerk  at  the  desk, 
noticing  the  garbs  of  my  two  companions,  adjusted  his  eyeglasses,  and  with  a 
glance  of  the  coldest  hauteur,  politely  informed  them  that  he  did  not  have  a  room 
left,  but  that  they  could  secure  suitable  accommodations  by  applying  at  a  cheap 
lodging  house  south  of  Market  street.  They  had  thrown  their  packs  down  on  the 
marble  floor  of  the  celebrated  hostelry,  and  their  general  appearance  probably 
gave  the  clerk  the  impression  that  they  were  a  couple  of  tramps,  whereas. 
either  could  have  bought  the  Palace  Hotel  with  the  fastidious  young  man  at 
the  desk  thrown  in. 

The  work  of  a  cruiser  is  no  snap,  by  any  means.  On  the  contrary  it  is  a 
vocation  not  only  of  great  responsibility,  but  of  unremitting  toil  and  hardship. 
To  be  successful,  a  person  must  be  endowed  with  a  rugged  constitution,  and 
capable  of  enduring  the  greatest  privations  wrhile  in  the  field,  as  he  is  often 
compelled  to  pack  his  blankets  and  provisions  for  weeks  at  a  time  while  in  the 
woods,  over  the  roughest  character  of  country  imaginable,  with  a  tree  as  his 
canopy  at  night.  In  the  winter  he  is  required  to  use  snowshoes  in  the  course  of 
his  rounds,  and  sleep  in  the  damp  forests  without  any  protection  other  than 
that  afforded  by  nature  from  frequent  storms.  The  day  is  fast  approaching 
when  a  competent  cruiser  will  be  recognized  on  the  Pacific  Coast  as  an  important 

- 

Page   390 


John  F.  Cusack,  of  Portland,  Oregon,  one  of  the  most  reliable  and  best  known 

timber  cruisers  of  the  Pacific  Northwest 


personage,  as  there  is  no  doubt  the  lumbering  industry  there  is  only  in  its  infancy, 
and  the  country  at  large  is  compelled  to  look  westward  for  its  supply  on  account 
of  its  practical  exhaustion  in  the  Eastern  and  Middle  West  sections.  By  process 
of  reservations.  President  Roosevelt  has  wisely  preserved  the  use  of  the  forests 
for  future  generations,  and  had  this  policy  been  adopted  fifty  years  ago,  there 
is  no  doubt  the  supply  throughout  Minnesota,  \Yisconsin  and  Michigan  would 
have  been  adequate  to  meet  demands  for  a  century  to  come,  without  counting 
upon  the  possibilities  incident  to  replanting. 

This  article  would  be  incomplete  without  detailing  some  of  the  nefarious 
methods  in  vogue  among  a  certain  class  known  as  "locators,"  who  make  a  point 
of  plying  their  vocations  for  no  other  purpose  than  reaping  a  harvest  from  the 
crop  of  "suckers"  abounding  in  all  public  land  States.  They  represent  the 
unwary  that  are  caught  in  every  conceivable  net  When  "Hungry  Joe,"  the 
celebrated  Xew  York  bunco  sharp  was  asked  how  it  was  possible  for  him  to  ply 
his  vocation  when  his  methods  were  so  well  known,  he  replied:  "Because  there 
is  a  sucker  born  even-  minute !"" 

The  same  conclusion  would  apply  with  equal  force  to  the  business  of 
locating  persons  on  the  public  lands,  and  especially  in  a  timbered  region.  Visions 
of  great  wealthy  are  always  in  the  mind's  eye  wherever  the  public  domain  ?s 
involved,  because  it  appeals  to  the  general  public  as  being  a  something  for  noth- 
ing proposition.  Consequently,  it  is  usually  an  easy  matter  to  find  some  one  quite 
eager  to  bite  at  any  get-rich-quick  bait  of  this  character.  The  woods  are  full 
of  timber  land  locators,  styling  themselves  cruisers,  when,  at  a  matter  of  fact, 
they  are  not  familiar  with  the  first  rudiments  of  the  game  when  it  comes  to  esti- 
mating the  quantity  of  timber  on  a  given  tract  of  land.  They  are  experts,  how- 
ever, in  any  plan  that  contemplates  swindling  some  poor  deluded  creature  out  of 
from  $25  to  S100  by  locating  him  in  a  "burn,"  or  on  a  worthless  piece  of  ground, 
under  the  representation  that  it  will  cut  several  million  feet  of  lumber.  The 
scheme  is  worked  by  taking  the  victim  into  a  heavy  tract  of  timber  already  pat- 
ented, showing  him  the  cornerposts  of  the  section  he  is  to  file  on,  and  then 
taking  him  to  the  land  office  where  he  makes  his  entry.  In  all  probability  the 
post  has  either  been  manufactured  to  order,  or  else  transplanted  from  another 
section  in  some  township  miles  away,  but  it  answers  the  purpose  of  deluding 
him  into  the  belief  that  he  is  securing  a  great  bargain,  and  he  only  discovers  his 
mistake  when  a  subsequent  survey  indicates  that  an  imposition  has  been  practised. 

For  the  benefit  of  those  contemplating  acquiring  a  timber  claim  at  any- 
time in  the  future  there  is  presented  herewith  the  diagram  of  a  section  corner, 
exhibiting  the  customary  witness  trees  and  other  evidence  of  exact  locality, 
from  the  field  notes  of  an  official  survey,  a  careful  study  of  which  will  enable  any 
person  to  readily  determine  whether  he  is  on  the  land  represented  irrespective 
of  what  marks  may  be  on  the  alleged  section  post. 

Every  section  corner  is  supposed  to  have  four  bearing,  or  witness  trees, 
by  which  to  identify  the  corner.  This  is  done  in  order  that  the  corner  can  be 
easily  re-established  in  case  of  destruction  by  fire  or  any  other  process.  The  wit- 
ness trees  are  generally  those  nearest  to  the  corner,  and  van.-  in  size  as  well  as 
quality,  for  purposes  of  identification.  With  that  idea  in  view,  they  are  naturally 
at  different  angles  from  the  section  post,  and  at  random  distances  as  well,  the 
"land  mark"  feature  being  the  chief  consideration.  These  trees  are  marked  by 
the  deputy  United  States  sun-eyor  at  the  time  he  sets  the  posts  when  sun-eying 
the  township,  and  a  description  of  these  marks  is  incorporated  in  his  field  notes, 
at  which  time  he  designates  the  character  of  the  trees,  their  diameter,  as  well  as 
the  distance  and  angle  of  each  from  the  post.  These  field  notes  are  readily 
obtainable  from  the  United  States  Sun*eyor-General's  office  in  any  public  land 
State. 

In  order  to  make  certain  that  you  are  on  the  land  calculated  to  be  taken 
up  as  a  claim,  have  the  locator  show  you  one  of  the  section  corners  of  your 
intended  claim,  at  which  time  you  can  note  the  character  of  the  surroundings. 


5EC.26 


5 EC.  25 


SEC.  35 


SEC.  3 6 


Corner  posts  and  "bearing  trees"  to  the  corner  of  sections  25,  26,  35  and  36, 
Township  4  South,  Eange  5  East  W.  M.  as  described  in  the  field  notes  of  the  Government 
survey. 

The  marks  on  the  trees  were  made  with  a  marking  iron  by  the  Deputy  United 
States  Surveyor,  at  the  time  the  survey  was  made,  and  more  particularly  described  as 
follows  to-wit: 

Set  post  4  feet  long,  4  inches  square,  24  inches  in  ground  for  corner  to  sections  25,  26,  35 
and  36,  marked  T.  4.  S.  S.  25,  on  North  East  face,  B.  5  E.  S.  36,  on  South  East  face,  S.  35,  op  South 
West  face,  S.  26  on  North  West  face,  with  one  notch  on  South  and  East  edges,  from  which  a  fir  48 
inches  diameter,  bears  North  20  degrees  East  27  links  distance,  marked  T.  4.  S.  R.  5.  E.  S.  25.  B.  T. 

A  Cedar  18  inches  diameter,  bears  South  28  degrees  East,  23  Vz  links  distance,  marked  T.  4. 
S.  K.  5.  E.  S.  36.  B.  T. 

A  Fir  60  inches  diameter,  bears  South  60  degrees  West,  13^  links  distance,  marked  T.  4. 
S.  R.  5.  E.  S.  35.  B.  T. 

A  White  Pine  24  inches  diameter,  bears  North  30  degrees  West,  67  \'z  links  distance,  marked 
T.  4.  S.  R.  5.  E.  S.  26.  B.  T. 

Thus  it  will  be  seen,  that  it  is  an  utter  impossibility  to  find  a  duplication  of  trees  at 
any  two  section  corners,  taking  into  consideration  the  character  of  the  trees,  as  well  as  the 
angle  and  distance  they  lay  from  the  corner  post.  Hence,  it  is  easy  to  determine  if  the 
correct  corner  has  been  found.  By  an  inspection  of  the  field  notes  on  file  in  the  Surveyor 
General's  Office,  which  describes  accurately  the  distance  each  bearing  tree  is  from  the 
corner,  its  variety,  and  such  other  details  as  will  enable  a  person  to  ascertain  whether  any 
trick  has  been  played  when  a  locator  shows  one  the  land. 


Page    393 


with  special  reference  to  the  witness  trees,  and  by  making  a  comparison  of  this 
data  with  the  field  notes  of  the  official  survey,  not  even  the  most  accomplished 
rogue  in  existence  can  throw  you  off.  In  fact,  it  is  absolutely  impossible  to 
duplicate  the  witness  trees  of  any  two  sections  of  land  in  the  United  States.  In 
case  a  section  corner  has  but  three  witness  trees,  the  field  jjotes  will  show  it,  at 
the  same  time  stating  the  reason  for  the  deficiency. 

Many  surveyors  use  a  stone  for  a  post,  wherever  obtainable,  as  they  are 
more  indestructible.  By  horizontal  lines  engraved  thereon,  it  can  be  readily  de- 
termined how  far  the  corner  is  from  the  township  line.  For  instance,  if  it  was 
the  corner  to  the  southeast  corner  of  section  16,  the  stone  would  show  three 
horizontal  marks  on  the  East  side,  and  the  same  number  on  the  south  side,  in- 
dicating that  it  was  three  miles  from  the  East  and  south  boundaries  of  the  town- 
ship, or  practically  in  the  center  thereof.  These  stones  are  usually  about  10x10 
inches,  and  extend  above  ground  from  14  to  20  inches,  according  to  circumstances, 
as  there  is  no  established  rule  to  govern.  They  are  always  described  minutely 
in  the  field  notes  of  the  survey,  however,  and  by  following  these  notes  carefully 
there  is  no  reason  why  any  person  should  not  know  if  he 'is  on  the  right  land, 
or  whether  somebody  is  trying  to  misrepresent  the  true  conditions  for  whatever 
purpose  intended  to  deceive. 


Yellow  pine  tree  in  the  Big 

Meadows  region,  Plutnas 

County,  California 


Page   394 


Chapter  XXVI 


History  of  the  famous  contest  between  the  Scrippers  and  Mineral  Locators  in 
the  Kern  River  oil  fields  of  California  over  the  titles  to  valuable  petroleum 
lands,  zuherein  Binger  Hermann  figures  as  the  Good  Samaritan — The  plot 
also  thickens,  involving  a  high  Federal  official  in  its  meshes,  besides  having 
something  to  do  -with  the  mysterious  disappearance  of  Henry  J.  Fleisch- 
mann,  the  petted  child  of  fortune,  with  half  a  million  dollars  belonging  to 
the  funds  of  a  Los  Angeles  bank,  and  "no  questions  asked"  or  arrests  made. 
BY  HORACE  STEVENS. 

IN  THE  Spring  of  1899,  intense  excitement  was  created  throughout  the 
southern  portion  of  California  by  the  discovery  of  vast  quantities  of  petroleum 
oil  in  the  Kern  River  fields,  adjacent  to  Bakersfield.  At  this  time  the  con- 
ditions there  regarding  titles  were  rather  peculiar.  The  lands  upon  which  the 
oil  was  found  had  been  surveyed  by  the  Government  many  years  previously,  and 
returned  as  agricultural  in  character.  As  a  matter  of  fact,  no  other  return  could 
then  have  been  made,  as  there  was  nothing  to  indicate  the  presence  of  any  kind 
of  mineral  in  the  soil,  while  on  the  contrary,  there  was  everything  to  show  that 
the  land  could  properly  be  classed  as  agricultural,  for  the  reason  that  it  annually 
produced  good  crops  of  luxuriant  grass,  and  was  regarded  generally  as  excellent 
range  for  various  kinds  of  livestock. 

Only  during  certain  seasons  of  the  year,  however,  could  it  be  thus  utilized, 
alfileria,  the  native  grass,  having  a  tendency  to  dry  and  disappear  after  reaching 
maturity.  For  this  reason  the  land  did  not  appeal  to  the  homeseeker,  as  it  was 
practically  valueless  without  the  aid  of  artificial  irrigation,  and  there  were  no 
known  methods  of  conducting  water  thereon.  Therefore,  although  in  most  cases 
the  several  townships  had  been  surveyed  as  early  as  1855,  the  title  to  nearly  all 
the  land  embraced  therein  was  still  vested  in  the  Government,  even  in  the  face 
of  the  fact  that  the  various  vacant  tracts  were  lying  at  the  gates  of  a  prosperous 
city  of  several  thousand  inhabitants.  True,  all  the  odd  numbered  sections  of 
each  township  belonged  to  the  Southern  Pacific  Company  by  virtue  of  inclusion 
within  the  grant  limits  of  the  railway  corporation,  but  the  other  portions  were  as 
barren  of  claimants  as  the  desert  of  Sahara. 

This  was  the  peculiar  situation  when  oil  was  first  found  in  the  southeast 
quarter  of  Section  3,  Township  29  South,  Range  28  East,  Mt.  Diablo  Base  and 
Meridian.  Instantly  there  was  a  rush  from  all  directions  to  acquire  title  to  lands 
adjacent  to  the  point  of  discovery  in  the  hope  that  the  holdings  thus  secured  might 
fall  within  the  proven  territory  and  enrich  the  owners.  Railroad  lands  that  had 
gone  begging  at  $2.50  an  acre  suddenly  achieved  fabulous  valuations,  many  trans- 
actions ultimately  involving  from  $1,000  to  $5,000  an  acre,  according  to  location, 
and  derricks  were  springing  up  on  all  sides  as  if  by  magic.  No  wonder  it  was 
enough  to  inflame  the  imagination  and  cause  men  to  do  all  sorts  of  things  in  order 
to  obtain  a  foothold  where  the  returns  were  so  certain  and  phenomenal. 

Titles  to  the  various  vacant  tracts  were  sought  in  two  ways :  -  First,  by 
applicants  through  the  placer  mining  laws  of  the  United  States,  in  claims  of 
twenty  acres  each,  and  almost  simultaneously  by  claimants  under  the  forest 
reserve  lieu  land  Act  of  June  4,  1897.  The  latter  were  called  "Scrippers,"  while  the 
others  were  commonly  known  as  "Mineral  Locators."  According  to  the  mining  laws 
as  they  had  been  construed  by  every  Court  in  the  land  up  to  that  time,  no  placer 
mining  location  could  be  made  validly  unless  the  entry  was  based  upon  an  actual 
discovery  of  mineral,  while  the  Scrippers,  so  called,  were  required  to  set  forth  in 
their  affidavits  that  the  land  was  "vacant  and  unoccupied"  at  the  date  of  selection. 

Page    395 


Naturally,  a  question  not  only  of  law.  but  of  fact  became  involved,  one  of 
the  chief  contentions  of  the  Scrippers  being  that  the  land  was  vacant  and  unoc- 
cupied at  the  time  of  its  selection,  while  the  mineral  locators  alleged  actual  pos- 
session, and  it  is  generally  admitted  that  in  most  instances  since  the  origination 
of  the  controversies  over  title  to  the  lands,  oil  has  been  found  thereon  in  paying 
quantities. 

The  present  holding  of  the  Interior  Department  is  that  a  person  who  has 
made  a  selection  under  the  Act  of  June  4,  1897,  acquires  no  title  thereto,  although 
the  land  taken  was  "vacant  land,  open  to  settlement.''  and  in  the  condition  pre- 
scribed by  the  statute,  unless  the  selector  at  the  time  of  selection  made  affidavit 
that  the  land  was  wholly  unoccupied.  It  was  the  contention  of  the  Scrippers 
that  land  was  subject  to  selection  under  the  above  Act,  notwithstanding  it  was 
occupied,  unless  the  occupant  had  some  legal  right  to  the  property,  but  that,  even 
if  wrong  in  this  view,  they  contended  that  the  selector  acquired  a  good  title  if 
the  land  was  in  fact  unoccupied  when  selected,  although  no  affidavit  to  that 
effect  was  filed  at  the  date  of  selection. 

It  would  thus  seem  that  the  inception  of  the  trouble  between  the  mineral 
locators  and  Scrippers  was  due  to  the  fact  that  the  mining  claims  were  re- 
quired to  be  filed  in  the  United  States  Land  Office  of  the  district  where  the  land 
was  situated  instead  of  in  the  County  Recorder's  office.  By  the  latter  process  the 
claimant  in  the  land  office  did  not  become  cognizant  of  any  conflicting  entries, 
because  the  records  there  showed  the  tract  to  be  vacant :  and  the  mineral  locator 
was  kept  in  equal  ignorance  of  the  situation,  because  there  was  nothing  in  the 
County  Recorder's  office  showing  the  existence  of  any  bona  fide  title  to  give  him 
notice  that  the  land  was  not  subject  to  mineral  entry. 

It  would  appear  that  the  logical  remedy  under  the  circumstances  would  be 
to  make  it  obligatory  that  all  claims  of  whatsoever  character  affecting  title  to  the 
public  domain  should  not  only  be  filed  in  the  local  land  office,  but  also  placed  on 
the  records  of  the  County  where  the  land  is  situated.  The  forest  reserve  lieu  land 
Act  of  June  4,  1897,  has  since  been  repealed,  although  the  cases  affecting  the  issues 
involved  are  still  pending  in  the  Courts.  I  shall  only  discuss  them  hereafter  as 
they  apply  to  the  salient  features  of  my  story,  as  the  details  are  too  intricate  to  be 
properly  considered  in  the  space  at  my  command. 

Suffice  to  say  that  among  those  who  became  interested  in  the  acquisition 
of  title  to  these  oil  lands  by  process  of  forest  reserve  lieu  selections  were  William 
H.  Crocker,  a  prominent  capitalist  of  San  Francisco ;  William  Singer,  Jr.,  of  the 
Southern  Pacific  law  department,  besides  Charles  F.  Gardner,  Harry  V.  Reardan, 
George  E.  Whitaker,  a  trio  of  San  Francisco  attorneys,  and  Wellington  Gregg, 
Jr.,  and  George  T.  Cameron,  the  two  latter  acting  in  the  capacity  of  agents  for 
Crocker,  who  was  always  a  silent  partner  in  matters  of  this  kind,  although  it  was 
common  knowledge  that  he  was  the  financial  backer  of  the  scheme  to  secure  con- 
trol of  much  of  these  lands  by  the  "Scripper"  process. 

Through  Charles  E.  Swezy,  a  land  lawyer  of  Marysville,  Cal.,  this  combin- 
ation had  filed  on  several  thousand  acres  of  presumed  oil  land  in  the  Kern  River 
field  under  the  "scripper  law,"  and  in  each  instance  it  produced  a  conflict  with  some 
mineral  entry.  In  consequence  a  great  many  animosities  were  aroused,  with  the 
result  that  threats  of  violence  were  made  frequently  against  the  so-called  ''Scrip- 
pers" by  the  oil  men. 

It  was  during  this  acute  stage  that  I  was  engaged  by  the  associates  of 
Crocker  to  go  into  the  affected  district  and  take  possession  of  the  northeast 
quarter  and  north  half  of  the  southeast  quarter  of  Section  4,  Township  29  South, 
Range  28  East.  Mt.  Diablo  Base  and  Meridian,  upon  which  a  forest  reserve  lieu 
selection  had  been  filed.  This  tract  embraced  240  acres  of  the  most  valuable  oil 
land  then  known  in  the  Kern  River  fields,  and  a  portion  thereof  was  being  oper- 
ated by  Joseph  A.  Chanslor  and  Charles  A.  Canfield  under  a  lease  from  the 
mineral  locators  of  the  "June  Bug"  claim.  They  had  installed  a  Standard  rig  on 
the  ground,  and  were  preparing  to  drill  for  oil.  and  in  order  to  prevent  them 

Page   396 


Horace  Stevens,  collaborator  with  S.  A.  D.  Puter 

in  the  authorship  of  '  'Looters  of  the 

Public  Domain ' ' 


from  making  a  bona  fide  discovery,  it  was  deemed  expedient  that  injunction  pro- 
ceedings should  be  brought  in  the  United  States  Circuit  Court  at  Los  Angeles, 
restraining  Chanslor  &  Canfield  from  continuing  their  drilling  operations ;  and  in 
order  to  legally  maintain  this  proceeding,  it  was  considered  absolutely  necessary 
that  our  side  should  be  in  possession  of  the  land  at  the  time  the  injunction  suit 
was  brought. 

Accompanied  by  a  hired  man,  I  reached  Bakersfield  on  the  night  of  Jan- 
uary 4,  1900.  On  the  same  train  going  south  was  George  E.  Whitaker,  who  was 
interested  with  Crocker  and  his  associates,  and  who  continued  on  to  Los  Angeles 
for  the  purpose  of  filing  the  injunction  suit  before  Circuit  Judge  E.  M.  Ross. 
The  next  morning  after  arriving  in  Bakersfield,  I  purchased  a  cook  cabin,  that 
had  been  constructed  on  wheels,  and  was  of  the  type  in  use  among  grain  thresh- 
ing crews.  It  was  late  in  the  afternoon  before  I  had  everything  in  readiness  for 
the  trip  to  the  land,  so  that  it  became  necessary  for  me  to  camp  out  on  the  way  on 
account  of  darkness,  and  to  move  onto  the  disputed  tract  early  in  the  morning  of 
January  6. 

In  discussing  this  feature  of  the  situation  afterwards,  one  of  the  Bakers- 
field  papers  stated  that  I  took  possession  of  the  land  "in  the  gray  of  the  early 
dawn,"  but  this  statement  was  a  stretch  of  the  imagination.  As  a  matter  of  fact. 
the  roads  leading  into  the  oil  fields  at  that  time  were  exceedingly  crude,  and  the 
cook-wagon,  being  of  unwieldly  design,  and  liable  to  upset  on  the  slightest  provo- 
cation, it  would  have  been  unsafe  for  me  to  have  proceeded  further  that  night, 
especially  in  view  of  the  Egypt-like  darkness  pervading  the  "kopjes"  that  dis- 
tinguished the  oil  fields.  It  was  after  10  o'clock  that  Saturday  morning  before 
I  reached  a  point  on  Section  4  where" I  knew  that  I  was  in  actual  possession  of 
the  tracts  embraced  in  our  forest  reserve  selection. 

In  the  meantime,  Whitaker  had  returned  from  Los  Angeles  armed  with 
the  temporary  restraining  order  from  Judge  Ross,  which  was  served  upon  the 
crew  of  the  drilling  rig  by  a  deputy  United  States  Marshal.  I  accompanied  them 
back  to  town  in  their  bugy  with  the  idea  of  securing  another  vehicle  and  loading 
it  with  provisions  for  our  improvised  residence,  the  calculation  being  to  return 
there  that  night. 

I  was  on  my  way  back  when  I  met  two  men  in  a  buggy,  one  of  whom  in- 
quired if  the  cook  wagon  belonged  to  me.  Upon  my  answering  in  the  affirmative, 
he  continued: 

"Well,  are  you  camping  on  the  ground  temporarily,  or  are  you  there 
permanently  ?" 

"Why,  I  am  going  to  settle  permanently/'  was  my  rejoinder.  "It  is  a  nice 
looking  country,  and  I  have  concluded  to  make  it  my  future  home !" 

The  speaker,  who  proved  to  be  Frank  Lindsay,  of  Fresno,  grew  furious 
at  my  nonchalent  manner,  and  ejaculated : 

"I  am  one  of  the  mineral  locators  of  that  land,  and  myself  and  associates 
have  leased  the  ground  to  Chanslor  &  Canfield,  and  they  are  coming  down  to- 
night from  Fresno  with  fifty  armed  men  to  put  you  off!" 

"The  h — 1  they  are !"  I  answered  in  assumedly  surprised  tones.  "Are  their 
lives  insured?" 

This  reply  angered  Lindsay  to  such  an  extent  that  words  were  inadequate 
to  express  his  indignation,  and  he  drove  off  in  the  direction  of  Bakersfield  at  a 
rapid  pace,  leaving  a  stream  of  blasphemy  behind  that  resembled  the  phospores- 
cent  glare  from  the  tail  of  a  meteor. 

When  I  reached  the  cabin,  Joe,  the  hired  man  whom  I  had  left  in  charge 
during  my  absence,  assured  me  that  the  same  two  men  had  called  upon  him,  and 
had  made  similar  threats  about  armed  men  putting  us  off.  At  that  I  concluded 
it  was  about  time  to  take  some  kind  of  notice  of  what  they  had  said,  as  I  had  con- 
sidered previously  that  they  were  undertaking  a  game  of  "bluff."  After  Joe  and 
myself  had  partaken  of  our  evening  repast,  I  told  him  it  was  nothing  more  than 
right  that  I  should  apprise  Whitaker,  one  of  our  attorneys,  of  the  situation,  and 

Pag*   398 


as  his  train  did  not  leave  until  9  o'clock  that  evening,  I  thought  it  possible  to 
intercept  him  before  he  left  Bakersfield  for  San  Francisco.  The  horse  was  still 
hitched  to  the  buggy,  and  as  I  got  in  to  drive  away,  Joe  asked  me  if  I  intended  to 
return  that  night.  "I  shall  if  I  am  alive,"  was  my  rejoinder. 

"Then  we  had  better  agree  on  some  countersign,"  he  added,  significantly, 
"as  you  might  get  shot  if  you  prowled  around  here  without  my  knowing  who 
it  was." 

As  he  had  formerly  been  a  resident  of  Elmira,  we  agreed  upon  that  as 
the  password,  and  under  this  understanding  I  drove  away.  Although  there  were 
plenty  of  firearms  in  the  cabin,  I  did  not  deem  it  expedient  to  take  any  kind  of 
weapon  with  me  into  Bakersfield.  In  the  first  place,  I  was  on  a  peaceful  mission, 
and  have  always  been  opposed  to  committing  any  act  that  might  involve  the 
shedding  of  human  blood.  Again,  even  if  I  felt  disposed  to  resist  by  armed  force 
the  attack  of  any  group  of  enemies,  it  would  have  been  folly  for  me  to  have  done 
so,  as  I  was  greatly  outnumbered,  and  a  conflict  of  the  sort  could  only  have 
resulted  disastrously  to  me  in  the  end,  no  matter  how  successful  I  might  have 
been  at  the  outset. 

Upon  my  arrival  in  Bakersfield  I  found  Whitaker  preparing  to  take  the 
hotel  'bus  for  the  train.  I  hurriedly  informed  him  of  what  had  occurred,  and  he 
decided  at  once  to  defer  his  trip  until  morning.  We  held  a  conference  on  the 
subject,  and  discussed  various  features  incident  to  the  condition  of  things.  It 
was  finally  resolved  to  lay  the  matter  before  Superior  Judge  J.  W.  Mahon,  and 
with  that  object  in  view  we  called  upon  him  at  his  chambers,  as  per  arrangement 
by  telephone. 

Judge  Mahon  stated  that  he  was  powerless  to  prevent  them  from  carry- 
ing their  threats  into  execution  in  the  absence  of  any  criminal  charge,  but  advised 
us  to  call  on  Sheriff  Henry  Borgwardt,  Jr.  The  latter  could  afford  us  no  relief, 
either,  but  volunteered  the  suggestion  that  I  had  a  perfect  right  to  defend  my 
property. 

"Even  to  the  extent  of  taking  human  life?"  I  inquired. 

"Yes,"  was  the  answer  of  Sheriff  Borgwardt.  "You  would  be  justified  in 
shooting  to  kill  if  they  undertake  to  attack  you  !" 

I  was  mad  all  the  way  through  by  this  time,  and  it  had  occurred  to  me  that 
there  must  be  something  radically  wrong  with  the  eternal  fitness  of  things  when 
the  laws  could  afford  a  citizen  no  protection  as  against  the  threatened  onslaught 
of  an  armed  mob,  and  that  flimsy  legal  technicalities  might  result  in  the  taking  of 
human  life. 

"Then,  if  that  is  all  the  satisfaction  I  am  able  to  secure  from  the  lawful 
authorities  of  this  county,"  I  retorted  with  considerable  spirit,  "I  want  you  to 
distinctly  understand,  Mr.  Sheriff,  that  I  am  going  back  to  my  cabin  tonight,  and 
that  whoever  comes  there  upon  an  errand  of  violence  is  going  to  smell 
gunpowder." 

This  had  a  rather  soothing  effect  upon  the  Sheriff,  and  it  was  evident  that 
he  was  preparing  to  sidestep  any  proposition  that  involved  the  chance  of  trouble. 
I  could  see,  too,  that  politics  actuated  the  law  officer  in  his  conclusions  more  than 
any  sense  of  justice,  because  the  Scrippers  were  decidedly  unpopular  in  the  com7 
munity,  and  the  voting  element  was  strongly  in  favor  of  the  alleged  "poor 
man's  method"  of  taking  up  these  oil  lands  through  mineral  locations.  As  a 
wealthy  syndicate  afterwards  secured  control  of  nearly  all  the  tracts  embraced  in 
the  placer  mining  locations,  it  is  obvious  that  the  scheme  to  arouse  public  senti- 
ment against  the  Scrippers  was  part  of  a  well-laid  plot  to  use  the  local  residents 
as  catspaws. 

Sheriff  Borgwardt  fell  back  on  his  only  recourse  after  his  attention  had 
been  directed  to  the  possibilities  of  serious  trouble;  he  passed  us  up  to  the  District 
Attorney,  and  this  official  we  found,  after  considerable  search,  enjoying  a  play 
at  Scribner's  Opera  House.  In  answer  to  Whitaker's  card  requesting  an  inter- 
view on  important  business,  District  Attorney  J.  W.  Ahern  sent  out  word  that  he 

Page  399 


would  see  us  immediately  after  the  performance,  so  Whitaker  and  myself  had  to 
rest  our  souls  in  patience  until  such  time  as  it  suited  the  convenience  of  the  public 
prosecutor  to  talk  business  with  us. 

We  were  both  somewhat  disgusted  with  the  turn  of  events  by  this  time, 
and  I  told  Whitaker  candidly  that,  having  given  the  county,  peace  officials  ample 
notice  that  our  lives  were  in  danger,  so  that  in  case  of  any  subsequent  Court 
proceedings  it  could  be  shown  that  we  were  acting  upon  the  defensive,  I  was  in 
favor  of  returning  to  the  cabin  forthwith  and  preparing  for  the  expected  attack. 
My  plan  as  outlined  to  Whitaker  was  for  all  thre*;  of  us — Whitaker,  the  hired 
man  Joe,  and  myself — to  take  up  separate  positions  in  the  form  of  a  semi-circle 
around  the  cabin  at  a  measured  distance  of  200  yards,  so  that  if  necessary  we 
could  concentrate  a  triangular  fire  upon  any  would-be  assailants.  I  felt  satisfied 
that  no  attack  would  be  made  that  night,  as  it  \\as  bitterly  cold,  besides  too  dark 
for  them  to  proceed  in  our  direction  with  any  degree  of  caution,  knowing,  also, 
that  they  were  aware  that  we  had  received  warning  of  their  proposed  coming. 
My  idea  in  suggesting  a  defense  at  such  a  long  distance  from  the  cabin  was 
based  upon  the  fact  that  I  had  had  considerable  experience  over  the  200-yar-l 
range  at  target  practice,  while  a  member  of  various  rifle  clubs,  and  knew  that 
it  would  give  me  an  advantage,  should  the  worst  come  to  the  worst.  I  felt  satis- 
fied, also,  that  if  any  attack  was  made,  it  would  be  about  daybreak,  in  accordance 
with  Indian  methods,  and  that  if  we  put  up  a  game  defense,  it  would  have  a 
tendency  to  disconcert  our  assailants. 

Whitaker  opposed  such  measures,  contending  that  we  ought  to  exhaust 
every  process  of  securing  legal  protection  rather  than  adopt  any  course  that  was 
liable  to  result  in  bloodshed.  While  we  were  deliberating  upon  a  plan  of  action 
the  'bus  drove  up  in  front  of  the  Southern  Hotel,  and  a  number  of  passengers 
alighted.  We  saw  the  Deputy  United  States  Marshal  hand  a  paper  to  one  of 
those  who  had  just  registered,  and  guessed  that  it  must  be  Canfield  who  was 
being  served  with  the  restraining  order  from  Judge  Ross. 

"Let's  go  in  and  ask  him  if  he  really  intends  to  resort  to  violence  in  ousting 
you  from  Section  4,"  suggested  Whitaker.  I  agreed  to  this,  and  we  walked  up 
to  him  in  the  crowded  lobby  of  the  hotel. 

"Is  this  Mr.  Canfield?"  inquired  Whitaker.  "It  is/'  was  the  gruff  response. 

Whitaker  handed  him  his  card  and  continued :  "We  understand,  Mr.  Can- 
field,  that  you  have  brought  down  an  armed  force  from  Fresno  for  the  purpose 
of  putting  Mr.  Stevens  here  off  from  Section  A — is  there  any  truth  in  that  report ':" 

"If  Mr.  Stevens  is  on  my  land  I  shall  certainly  resort  to  force  to  put  him 
off!"  replied  Canfield,  with  a  determined  expression.  He  was  a  square-jawed 
individual,  and  I  should  imagine  was  a  person  of  considerable  bravery  so  long  as 
the  odds  were  strongly  in  his  favor. 

"What  land  do  you  claim?"  I  asked. 

He  drew  a  map  from  his  pocket  and  spread  it  on  the  table.  "Our  lease  covers 
this  portion  of  Section  4," he  said,  pointing  to  some  tracts  that  had  been  colored  red. 

I  looked  and  saw  that  it  related  to  the  west  half  of  the  southeast  quarter 
of  the  northeast  quarter,  and  the  west  half  of  the  northeast  quarter  of  the  south- 
east quarter  of  Section  4,  Township  29,  South,  Range  28  East,  Mt.  Diablo  Base 
and  Meridian.  The  strip  was  an  eighth  of  a  mile  wide  and  half  a  mile  long, 
running  north  and  south,  and  contained  40  acres. 

My  cabin  was  very  near  the  center  of  the  section,  in  the  southwest  quarter 
of  the  northeast  quarter,  and  more  than  an  eighth  of  a  mile  from  the  western 
line  of  the  Chanslor  &  Canfield  lease.  I  had  placed  it  there  purposely,  as  there- 
was  a  deep  gorge  separating  us,  and  besides  all  that  was  necessary  for  me  to  hold 
possession  of  the  whole  northeast  quarter  and  the  north  half  of  the  southeast 
quarter — which  included  the  Chanslor  &  Canfield  lease — was  to  get  my  cabin  on 
any  legal  subdivision  embraced  in  the  forest  reserve  selection,  and  this  I  had  done. 
I  indicated  with  my  pencil  the  exact  location  of  the  cabin,  whereupon  Canfieid 
responded  rather  loftily: 

Page   400 


Southern  Hotel,  Bakersfield,  California,  location  of  the  mob's  attack  on  Whitaker 

and  Stevens  on  the  night  of  January  6,  1900 

"You  are  not  on  my  land,  Mr.  Stevens,  so  there  is  no  use  in  discussing 
the  matter  any  further." 

At  this  juncture  a  man  stepped  up  to  Canfield  and  said;  "there  is  a  com- 
mittee of  about  twenty  persons  desirous  of  seeing  you  right  away  up  on  the 
corner,"  and  the  famous  oil  operator  left  us  in  rather  brusque  fashion. 

"I  think  it  is  all  a  bluff  about  any  committee  wanting  to  see  him,"  re- 
marked Whitaker.  "Let's  go  up  there  and  find  out." 

We  followed  after  Canfield,  but  had  barely  reached  the  street  corner  upon 
which  the  Southern  Hotel  is  situated  before  we  were  accosted  by  William  H. 
McKenzie  and  Robert  Rader,  two  Fresnoites,  whom  I  then  knew  slightly.  They 
engaged  us  in  conversation  relative  to  my  alleged  "jumping"  of  the  land  in  Section 
4,  and  the  argument  was  waxing  rather  heated  on  both  sides  when  Whitaker  and 
myself  were  suddenly  surrounded  by  fully  one  hundred  excited  persons,  all  clam- 
oring like  a  lot  of  magpies,  and  evidently  considerably  put  out  about  something. 
Their  sudden  appearance  reminded  me  very  forcibly  of  the  scene  from  Sir 
Walter  Scott's  "Lady  of  the  Lake,"  where  the  signal  from  Roderick  Dhu 

—  "garrisoned  the  glen 
With  full  five  hundred  armed  men!" 


Page  401 


Unlike  the  Highlanders,  however,  they  were  not  a  bit  choice  in  their 
language,  and  I  soon  saw  that  the  burden  of  their  displeasure  related  to  me.  In 
fact,  I  was  the  storm  center  of  all  their  accumulated  aggregation  of  wrath,  and 
they  proceeded  to  unload  their  vituperation  upon  me  in  a  gloveless  style. 

In  all  my  experience  I  had  never  encountered  individuals  half  so  skilled 
in  the  use  of  blasphemous  expressions.  They  seemed  to  be  pastmasters  in  the 
art,  and  what  impressed  me  most  was  the  array  of  ponderous  jaws,  all  turned 
in  my  direction.  In  fact  it  resembled  a  sea  of  upturned  jaws,  and  for  a  few  sec- 
onds I  would  have  sold  out  my  interest  in  Section  4  and  about  everything  else 
worth  having  at  a  very  cheap  figure. 

There  did  not  appear  to  be  much  humor  in  the  situation,  and  I  cannot 
comprehend  what  possessed  me  to  do  it,  but  I  told  the  crowd  a  funny  story, 
and  some  of  them  were  kind  enough  to  laugh  at  it,  and  then  I  knew  that  the 
danger  crisis  was  passed.  Whitaker  and  I  had  become  separated,  and  I  saw 
him  expostulating  wildly  with  a  bunch  of  the  square- jawed  fraternity  fully  twenty 
.feet  away  from  me.  Gradually,  however,  they  left  him,  and  concentrated  their 
energies  on  me. 

They  undertook  to  harangue  me  concerning  the  relative  rights  of  the 
mineral  locators  and  scrippers  to  the  lands,  and  I  knew  that  as  soon  as  they  started 
into  talking  we  had  them.  We  argued  the  proposition  in  all  its  phases  from  9 :30 
at  night  until  1 :30  the  next  morning — four  hours  of  solid  discussion — and 
finally  reached  what  each  side  viewed  as  an  amicable  adjustment  of  the  diffi- 
culty. It  was  arranged  that  ten  of  their  number  should  accompany  me  to  the 
cabin  on  Section  4;  that  I  should  remove  my  personal  belongings,  lock  the  door 
of  the  establishment,  and  that  I  was  not  supposed  to  know  what  happened 
afterwards. 

Some  of  the  mob  demanded  that  both  Whitaker  and  myself  accompany 
them  to  the  cabin,  but  he  refused  absolutely  to  agree  to  any  such  proposition, 
but  I  was  willing  to  go  for  several  reasons ;  in  the  first  place,  it  would  not  have 
been  fair  to  Joe,  the  hired  man,  to  have  left  him  there  alone  and  let  the  crowd 
come  in  on  him  without  any  warning.  He  would  most  likely  have  opened  fire 
on  them  as  soon  as  they  undertook  to  disturb  the  cabin,  and  while  he  might  have 
injured  some  of  them,  they  would  eventually  have  killed  him.  Besides,  the  pro- 
ceeding was  in  the  nature  of  a  forcible  ejectment  from  the  land,  and  my  legal 
rights  were  in  no  way  impaired  thereby.  I  was  not  particularly  infatuated  with 
the  idea  of  living  out  there  in  the  cabin  in  the  first  place,  and  this  "forcible  eject- 
ment" idea  furnished  an  excellent  solution  of  the  whole  thing,  as  I  could  thereaf- 
ter live  in  comfort  in  town,  while,  from  a  legal  point  of  view,  I  was  still  a  resident 
of  the  bleak  and  desolate  Section  4,  and  figuratively  speaking,  my  cabin  was  yet 
on  the  land. 

It  did  not  take  us  long  to  act  after  we  had  reached  the  conclusion  indicated. 
A  two-seated  rig  was  secured,  and  accompanied  by  four  men,  I  started  for  the 
cabin.  Following  us  was  a  four-horse  wagon,  in  which  were  six  or  eight 
additional  men,  the  idea  being  for  them  to  attach  the  tongue  of  our  four-wheeled 
cabin  to  the  larger  vehicle  and  haul  it  off  the  land.  It  was  pitch  dark  when 
we  reached  the  vicinity  of  the  cabin,  and  I  called  a  halt,  telling  them  that  I  would 
get  out  and  go  on  ahead  so  as  to  apprise  Joe  of  our  coming. 

"He  is  subject  to  heart  disease,"  I  said,  significantly,  "and  if  he  is  rudely 
awakened  by  this  crowd,  it  might  have  a  disastrous  effect  upon  his  nervous 
system." 

My  companions  appeared  to  see  the  point,  so  I  went  on  ahead  and  gave 
Joe  the  countersign.  He  had  been  asleep,  but  as  soon  as  he  heard  my  voice  he 
was  outside  in  an  instant  with  a  shotgun  in  one  hand  and  my  favorite  rifle  in  the 
other.  In  his  half -drowsy  condition  he  was  liable  to  shoot  me  or  anybody  else, 
and  it  was  some  moments  before  he  properly  understood  the  situation.  It  was 
easy  to  perceive  the  wisdom  of  my  accompanying  the  crowd. 

Page   402 


/-  /i S  fs*~~  tS  st  sr< 

S£  •'     ^r.f-^r 


»'     <o* 


',•> 


,  fS-f 


*  X*      - 


(While  the  injunction  proceedings  involving  the  right  of  Chanslor  &  Canfield  to 
continue  their  drilling  operations  on  portions  of  Sec.  4,  Tp.  29  S..  R.  2S  E..  M.  D.  M.. 
embraced  in  the  "June  Bug"  claim,  were  pending  before  Judge  Ross  in  the  United 
States  Circuit  Court,  at  Los  Angeles.  Cal.,  a  cipher  form  of  communication  was  arranged 
between  Win.  Singer,  Jr..  an  attorney  for  the  Scrippers.  and  Horace  Stevens,  their  repre- 
sentative in  the  Kern  River  oil  fields.  The  foregoing  is  a  facsimile  of  the  original,  in 
the  well-known  handwriting  of  the  San  Francisco  lawyer.  Its  significance  may  be  properly 
understood  when  it  is  known  that  a  compliance  with  either  instruction  by  Stevens  would 
have  involved  the  possibility  of  bloodshed,  so  intense  was  the  feeling  existing  between 
the  contending  factions.  Interpretation  of  the  code  indicates  that  had  Singer  wired 
Stevens  to  the  effect  that  the  oilmen  had  filed  affidavits  while  the  ease  was  going  on 
that  an  actual  "discovery"  of  petroleum  had  been  made  upon  any  portion  of  the  disputed 
tract.  Stevens  was  to  take  immediate  advantage  of  this  fact  by  filing  placer  mining 
locations  covering  the  portions  affected.  The  object  of  this  move  was  to  circumvent  the 
oilmen  whose  only  show  of  title  was  based  upon  mining  locations  that  were  made  prior 
to  finding  oil.  the  statutes  requiring  that  all  valid  claims  to  mineral  lands  must  be  based 
upon  a  "discovery"  of  mineral  of  some  kind  in  paying  quantities.  It  was  therefore 
considered  that  had  Stevens  got  in  ahead  of  the  mineral  claimants  with  fresh  locations, 
based  upon  any  actual  discovery  of  the  oilmen,  it  would  endow  the  Serippers  with  a 
superior  advantage  in  being  possessed  with  whatever  rights  accrued  under  their  forest 
reserve  lieu  selection,  as  well  as  a  prior  valid  mineral  entry,  thus  standing  to  win,  no 
matter  how  Judge  Boss  decided  the  case.  His  ruling  took  an  unexpected  turn,  however, 
when  he  held  that  a  test  well  should  be  drilled  to  the  same  depth — 118  feet — at  which 
the  original  locators  of  the  "June  Bug"  claim  alleged  in  their  location  notice  that  oil 
had  been  found.) 

After  we  had  taken  our  personal  belongings  from  the  cabin,  and  locked  its 
door,  I  signalled  the  others  to  come  on,  and  as  the  two-seated  rig  drove  up,  Joe 
and  I  piled  into  it  and  were  driven  hurriedly  back  to  town.  That  night  the  others 
hitched  the  cabin  to  their  four-horse  wagon  and  hauled  it  onto  the  south  half  of 
the  southeast  quarter  of  Section  4,  which  was  patented  land,  and  therefore  not 
subject  to  disturbance  of  title  by  reason  of  any  adverse  occupancy. 

When  the  injunction  proceedings  came  up  for  hearing  before  United 
States  Circuit  Judge  Ross,  he  directed  that  a  test  well  should  be  drilled  on  Section 
4  to  the  same  depth  wherein  it  was  claimed  a  discovery  of  oil  had  been  made 
simultaneously  with  the  mineral  location,  and  upon  which  alleged  "discovery" 
the  claim  was  based. %  The  original  locators  had  set  forth  in  their  filing  that  they 
had  reached  petroleum  oil  at  a  depth  of  118  feet,  and  Judge  Ross  held  that  if«a 
test  well  corroborated  this  contention,  he  would  dissolve  the  injunction;  other- 
wise he  would  make  it  permanent,  so  he  appointed  William  R.  Rowland  and  H. 
E.  Graves,  two  prominent  oil  operators  of  Los  Angeles,  as  Commissioners  to  have 

Page  403 


J1 

s  & 

=  V 

1^ 

=  .5 


SS 


the  well  bored  and  with  instructions  to  report  their  conclusions  in  open  Court  with 
as  little  delay  as  possible.  O.  M.  Souden  accompanied  them  in  the  capacity  of  an 
expert  driller. 

A  word  or  two  in  regard  to  this  original  "discovery"  well :  When  it  was 
announced  that  Judge  Ross  had  ordered  a  test  well  to  be  bored,  corresponding 
in  depth  and  general  characteristics  with  the  alleged  "discovery"  well,  it  was  the 
first  intimation  I  had  of  the  existence  of  the  latter,  so  in  company  with  Charles 
E.  Swezy,  I  undertook  to  find  it.  After  considerable  search  we  came  across  a  dry 
hole  near  the  southern  boundary  of  what  was  known  as  the  "June  Bug"  claim, 
upon  which  Chanslor  &  Canfield  had  their  lease.  Swezy  and  myself  were  equipped 
with  a  long,  heavy  cord,  and  prepared  to  take  soundings  of  any  well  we  might 
encounter.  The  locators  of  the  June  Bug  claim  had  declared  that  at  the  depth  of 
118  feet  they  had  struck  a  strong  flow  of  petroleum  oil,  which  had  risen  several 
feet  in  the  hole,  so  Swezy  and  I  proceeded  to  make  sure  about  it. 

We  attached  a  heavy  piece  of  bar  iron  to  the  end  of  the  cord,  and  let 
it  down  into  the  well.  It  came  up  perfectly  dry,  and  we  thereupon  sat  down  and 
wrote  out  a  report  of  our  findings  in  order  to  be  on  the  safe  side.  Just  before 
the  Commissioners  were  expected  to  arrive,  we  concluded  it  would  be  a  wise  idea 
to  make  another  inspection  of  the  well,  and  much  to  our  surprise,  upon  sinking 
the  bar  of  iron  down  as  before,  it  came  up  thoroughly  saturated  with  oil,  and 
investigation  developed  that  there  was  at  least  20  feet  of  petroleum  in  the  well. 
So  hurriedly  had  the  well  been  "doctored"  in  .fact,  that  the  oil  was  freshly 
splashed  all  over  the  sides,  and  when  the  Commissioners  came  and  saw  what  had 
been  done,  they  tested  the  oil  and  pronounced  it  "dead" — that  is,  oil  that  had  been 
in  a  barrel  a  long  time  before  being  poured  down  the  hole.'  "Live"  oil,  just  from 
the  earth,  is  readily  recognizable  on  account  of  its  tendency  to  bubble  when  hrst 
brought  to  the  surface,  and  to  develop  "rainbow"  hues. 

I  represented  the  "Scrippers"  while  the  test  well  was  being  bored,  and  as 
only  a  small  hand-rig  could  be  used,  and  the  weather  was  very  cold,  all  were 
glad  enough  of  a  chance  to  work  at  the  drill  and  keep  warm.  While  we  were 
thus  engaged,  a  crowd  of  drillers  who  had  been  in  town  th^  night  before  having 
a  good  time,  and  were  pretty  much  the  worse  for  wear  in  consequence,  drove 
along  the  ridge  above  us,  and  as  the  crisp  morning  atmosphere  conveyed  every 
sound,  we  were  greatly  amused  to  hear  one  of  them  call  out  to  his  companions 
in  contemptuous  tones : 

"See  them  damned  fools  down  there  trying  to  strike  oil  with  a  hand-rig." 

As  the  distance  we  had  to  drill  was  but  118  feet,  and  to  have  installed  a 
Standard  rig  on  the  ground  would  have  involved  a  great  deal  of  extra  expense, 
it  is  obvious  that  a  hand-rig  was  the  most  available  contrivance  for  our  purpose. 
The  drilling  operations  consumed  several  days,  and  as  the  hole  progressed  to  the 
depth  demanded  by  the  order  of  the  Federal  Court,  I  took  every  precaution  to 
see  that  there  was  no  repetition  of  the  "doctoring"  process.  It  was  even  asserted 
in  the  Bakersfield  papers  that  I  slept  over  the  hole,  but  my  anxiety  was  not  quite 
that  acute,  although  I  sealed  the  well  at  night  in  such  a  way  that  if  there  had  been 
any  tampering  with  it  I  should  have  known  it  at  once. 

The  day  following  the  departure  of  the  Commissioners  I  took  a  reporter 
of  the  Bakersfield  Morning  Echo  named  Merrill  out  to  the  well  and  had  him  make 
independent  soundings  with  a  view  of  ascertaining  whether  there  had  been  any 
signs  of  petroleum  found  in  the  hole.  He  attached  a  soda  water  bottle  to  a  heavy 
fish  cord  and  sunk  it  in  the  liquid  that  was  encountered  at  the  bottom,  and  it  came 
up  filled  with  clear  water.  There  was  not  even  the  slightest  sign  of  rainbow  hues 
so  common  to  this  kind  of  oil,  and  Merrill  expressed  himself  as  satisfied  that 
there  had  been  no  trace  of  oil  found. 

"Then  are  you  prepared  to  say  as  much  in  the  Echo  tomorrow  morning?" 
I  inquired. 

"No,"  responded  Merrill,  "it  would  be  as  much  as  the  life  of  the  paper  was 
worth  to  say  anything  favorable  to  the  Scrippers,  no  matter  how  true  it  might  be !" 

Page   405 


Birdseye  view  of  an  oil  field  in  Southern  California 


And  all  this  during  the  year  of  our  Lord,  1900,  when  the  people  of  the 
United  States  were  supposed  to  be  independent,  and  it  was  not  thought  that 
shackles  of  any  kind  manacled  the  liberties  of  the  press ! 

Well,  it  may  be  said  to  Merrill's  credit  that  he  did  the  best  he  could  under 
the  circumstances,  and  in  a  roundabout  way  made  it  appear  that  the  Commis- 
sioners had  not  found  petroleum  oil  of  any  consequence  in  the  test  well. 

It  came,  therefore,  as  a  great  surprise  to  those  directly  affected,  when 
Commissioners  Rowland  and  Graves  reported  to  Judge  Ross  that  they  had  found 
unmistakable  evidence  of  the  existence  of  petroleum  oil  in  the  hole,  thus  sus- 
taining the  contentions  of  the  oil  men  that  a  "discovery"  had  been  made  at  a 
depth  of  118  feet.  Half  a  thousand  wells  have  been  drilled  in  that  vicinity  since 
and  not  one  has  found  oil  under  300  feet,  and  if  the  Commissioners  would  go 
back  to  Kern  county  today  and  announce  that  oil  could  be  reached  at  the  depth 
of  118  feet  on  any  portion  of  Section  4,  Township  29  South,  Range  28  East, 
M.  D.  M.,  kind  hands  would  lead  them  gently  away,  and  with  tender  emotions 
safely  consign  them  to  some  friendly  lunatic  asylum. 

The  records  of  Kern  county  show  that  immediately  after  the  report  of 
Commissioners  Rowland  and  Graves  had  been  made  to  Judge  Ross,  a  deed  was 
placed  on  file  from  C.  A.  Canfield,  conveying  to  the  two  Commissioners  the 
south  half  of  the  northwest  quarter  of  Section  29,  Township  28  South,  Range 
28  East,  M.  D.  M.,  and  containing  80  acres  in  the  proven  territory,  wnich,  with 
its  improvements,  was  sold  by  them  in  less  than  eighteen  months  for  an  amount 
aggregating  considerably  more  than  $100,000.  The  consideration  named  in  the 
original  transfer  from  Canfield  to  Rowland  and  Graves  was  about  $20,000. 

William  H.  Crocker  and  those  interested  with  him  in  the  scripper  land 
became  disgusted  with  the  findings  of  the  Commissioners,  and  disposed  of  their 
holdings  in  the  Kern  River  field  to  a  syndicate  composed  of  Riverside  and  Los 
Angeles  capitalists,  of  which  Shirley  C.  Ward,  a  leading  attorney  of  the  latter 
place,  and  J.  R.  Johnston  and  H.  T.  Hays,  both  of  Riverside,  were  the  controll- 
ing spirits.  They  continued  my  employment  as  general  superintendent  of  their 
affairs  in  that  district,  and  prepared  for  an  aggressive  legal  campaign  against 
the  mineral  locators. 

Page   406 


Crocker  afterwards  ex- 
pended fully  $200,000  drilling 
various  "wildcat"  wells  there- 
abouts, but  misfortune  seemed 
to  have  followed  all  his  foot- 
steps, although  his  operations 
were  carried  on  in  a  conscien- 
tious manner.  He  eventually 
withdrew  his  casing  from  nu- 
merous "dry"  holes,  and  retired 
from  the  field,  a  sadder,  if  not  a 
wiser  man. 

It  was  but  a  short  time 
after  Ward  and  his  associates 
had  assumed  charge  of  the  liti- 
gation affecting  the  forest  re- 
serve selections  that  Judge  Ross 
astounded  everybody  by  render- 
ing a  decision  in  the  case  of  the 
Olive  Land  and  Development 
Company  against  Olmstead,  et 
al.,  which  was  in  the  nature  of  a 
complete  victory  for  the  scrip- 
pers.  The  Court  held  in  thi^ 
proceeding  (103,  Fed.,  568,  de- 
cided July  9,  1900)  that  "the  lo- 
cation as  an  oil  placer  mining 
claim  of  public  lands  upon  which 
no  discovery  of  oil  has  been 
made,  vests  the  locators  with  no 
rights  in  such  lands  as  against 
the  United  States,  or  as  against 
one  subsequently  acquiring  the 
title  thereto  or  rights  therein 
from  the  United  States  by  any 
legal  means  prior  to  any  such 
discovery." 

To  add  to  the  discomfit- 
ure of  the  situation,  Commis- 
sioner of  the  General  Land  Office  Binger  Hermann,  about  this  time  held  in 
similar  cases  coming  before  him,  that  there  could  be  no  valid  mineral  location 
prior  to  a  discovery,  and  that  the  discovery  should  not  merely  reveal  indications 
of  mineral,  but  should  be  based  upon  the  finding  of  mineral  in  paying  quantities. 
In  consequence  of  these  rulings,  the  spirits  of  the  Scrippers  became  wrought 
up  to  the  highest  pitch  of  exuberence,  while  those  of  the  mineral  locators  were 
correspondingly  dejected. 

About  this  time  the  Cosmos  Exploration  Company  began  simultaneous 
actions  in  the  Federal  Court  and  the  Land  Department  against  the  Gray  Eagle 
Oil  Company,  involving  title  to  the  west  half  of  Section  30,  Township  28  South, 
Range  28  East,  M.  D.  M.,  while  the  Pacific  Land  and  Development  Company 
brought  similar  suits  against  the  Elwood  Oil  Company,  affecting  the  west  half 
of  the  southwest  quarter  of  Section  4,  Township  29  South,  Range  28  East,  M. 
D.  M.  The  plaintiffs  in  both  instances  were  corporations  of  the  Ward- Johnston- 
Hays  syndicate,  claiming  under  forest  reserve  selections,  while  the  defendants 
were  holding  tinder  mineral  locations.  Precisely  the  same  issues  were  involved 
as  were  at  stake  in  the  Olive  Land  and  Development  Company  case,  hence  the 
scrippers  felt  very  sanguine  of  results. 


Sample  "seepage"  in  the  oil  fields 


Page  407 


While  these  two  suits  were  pending  before  Judge  Ross  and  the  Land  De- 
partment, during  August  and  September,  1900,  it  was  announced  with  a  great 
blare  of  journalistic  trumpets,  that  Binger  Hermann,  the  immaculate  Commis- 
sioner of  the  General  Land  Office,  was  coming  West  for  the  purpose  of  studying 
conditions  affecting  the  issues  between  the  oil  men  and  the.,scrippers.  According 
to  the  statement  contained  in  the  dispatch  conveying  this  information,  Hermann 
was  not  satisfied  with  the  reports  he  had  received  from  special  agents  and 
through  other  sources,  but  wanted  to  be  on  the  ground  and  investigate  for  him- 
self. "Out  on  the  firing  line,"  as  he  proclaimed  afterward. 

It  is  necessary  for  me  to  enter  into  details  concerning  some  of  these  occur- 
rences, in  order  to  show  the  close  connection  between  certain  events  about  this 
stage  of  the  game,  and  in  order  to  fortify  what  I  am  about  to  relate  covering 
other  phases  of  different  matters. 

No  sooner  had  it  been  announced  that  Commissioner  Hermann  was  per- 
sonally going  to  visit  the  Kern  River  oil  fields,  than  the  big  oil  operators  began 
to  develop  a  tremendous  vein  of  activity.  More  than  $25,000,000  worth  of 
property  wras  involved  in  the  suits  between  themselves  and  the  Scrippers,  and  it 
was  a  case  of  desperate  ends  requiring  desperate  measures.  \Yhat  followed  is 
best  shown  in  quotations  from  the  Los  Angeles  newspapers  of  the  period, 
wherein  it  appears  that  Mr.  Hermann  was  well  treated  during  his  brief  stay  on 
the  Coast.  He  was  met  at  Albuquerque,  New  Mexico,  by  a  private  car  contain- 
ing Charles  A.  Canfield,  Edward  L.  Doheney,  A.  B.  Butler  and  Congressman 
R.  J.  Waters,  of  the  Eighth  Congressional  District  of  California,  and  escorted 
with  all  due  pomp  and  ceremony  on  his  so-called  tour  of  inspection  of  the 
oil  fields. 

The  Los  Angeles  Herald,  of  August  27,  1900 — page  3,  second  column — 
contains  a  dispatch  from  Bagdad,  Arizona,  to  the  effect  that  Hermann  had 
reached  there  the  preceding  day,  and  was  accompanied  by  Congressman  Waters, 
whom  the  report  stated  met  him  at  Albuquerque,  and  that  the  two  had  visited 
several  forest  reserves  while  en  route.  They  expected  to  arrive  in  Los  Angeles 
August  27,  and  would  spend  the  day  inspecting  the  local  land  office. 

The  Los  Angeles  Times  of  August  28,  1900 — page  12,  Column  4 — prints 
an  account  of  Hermann's  arrival  in  a  private  car,  accompanied  by  Congressman 
Waters  and  wife,  C.  A.  Canfield,  "and  others,"  including  Edward  L.  Doheney 
and  bride. 

Los  Angeles  Herald,  Tuesday,  August  28,  1900 — 1st  page,  column  1,  2, 
and  3,  and  page  3,  columns  6  and  7 — also  had  an  extended  report  regarding 
Hermann's  movements.  Wallace  L.  Hardison,  the  proprietor  of  the  paper  at 
that  time,  was  a  heavy  oil  producer,  and  heartily  in  sympathy  with  the  mineral 
locators.  He  therefore  had  a  large-sized  axe  to  grind  in  showering  attentions 
upon  the  Land  Commissioner.  The  Herald  of  this  date  announced  Hermann's 
arrival  in  a  private  car  on  the  Santa  Fe  Overland,  escorted  by  Congressman 
Waters.  They  were  met  at  the  depot  by  a  committee  from  the  Chamber  of  Com- 
merce, in  addition  to  Forest  Superintendent  B.  F.  Allen,  A.  J.  Crookshank  and 
Arthur  W.  Kinney,  register  and  receiver,  respectively,  of  the  Los  Angeles  land 
office.  It  was  likewise  stated  in  black-face  type  that  it  was  Hermann's  intention 
to  visit  the  Bakersfield  oil  fields  that  morning. 

Los  Angeles  Herald,  August  29,  page  9,  column  3,  contains  a  dispatch 
from  Bakersfield  in  its  "News  from  the  Oil  Fields  and  the  Mines,"  department, 
telling  about  the  arrival  there  of  Commissioner  Hermann  in  a  special  car.  ac- 
companied by  United  States  Surveyor-General  Cleaves,  Special  Agent  Jay  Cum- 
mings,  Congressman  Waters,  and  C.  A.  Canfield,  E.  L.  Doheney  and  A.  B.  But- 
ler, three  of  the  principal  oil  producers  of  the  State.  The  dispatch  stated 
further  that  the  private  car  was  pulled  direct  on  the  spur  track  to  Oil  City,  the 
shipping  point  of  the  Kern  River  fields,  where  they  were  met  by  teams  provided 
(by  the  oil  men)  and  taken  all  over  the  fields. 

Page   408 


During  Hermann's  visit  to  the  oil  fields  he  came  in  contact  with  no  per- 
son not  in  sympathy  with  the  mineral  locators,  and  on  all  sides  his  head  was 
filled  with  tirades  against  the  Scrippers. 

F.  Roper,  vice-president  of  the  Kern  Valley  Bank,  and  one  of  the  most 
respected  citizens  of  Bakersfield,  was  an  old  friend  of  the  Land  Commissioner, 
having  known  him  in  Oregon,  but  on  account  of  Roper's  well-known  sympathy 
with  the  Scrippers,  he  was  not  allowed  to  come  within  trumpet  call  of  him,  there 
being  a  constant  guard  of  oil  men  around  Hermann  to  see  that  the  Scrippers' 
side  of  the  story  did  not  reach  his  ears. 

Hermann  submitted  to  an  interview  at  some  point  while  returning  to 
Washington,  and  made  the  declaration  that  he  had  found  positive  evidence  of 
the  existence  of  petroleum  oil  "leading  up  to  the  derricks"  in  every  portion  of  the 
Kern  River  fields.  According  to  his  statement  in  this  respect,  oil  seepages  were 
visible  upon  every  hand,  and  this  condition  had  prevailed  at  the  time  the  first 
mineral  locations  were  filed.  As  a  matter  of  fact,  the  only  known  seepage  in 
the  Kern  River  oil  fields  exists  at  the  point  of  original  "discovery,"  in  the  south- 
east quarter  of  the  southeast  quarter  of  Section  3,  Township  29  South,  Range 
28  East,  M.  D.  M.,  and  aside  from  that  insignificant  outcropping — which  really 
had  no  bearing  whatever  upon  the  existence  of  petroleum  in  the  vicinity — there 
was  nothing  to  show  that  the  lands  were  fit  for  anything  except  grazing  purposes 
at  the  time  the  rush  to  acquire  titles  first  began. 

At  all  events,  Commissioner  Hermann  lost  no  time  after  his  return  to 
Washington,  in  deciding  the  two  contest  cases  of  the  Cosmos  Exploration 
Company  against  the  Gray  Eagle  Oil  Company,  and  the  Pacific  Land  and  Im- 
provement Company  against  the  Elwood  Oil  Company,  in  favor  of  the  defend- 
ants, and  completely  reversing  himself  in  former  rulings. 

On  top  of  this  came  the  decision  of  Judge  Ross  relative  to  the  injunction 
proceedings  pending  before  him  in  these  two  cases,  in  which  the  Court  swept 
away  whatever  props  Hermann  had  left  for  the  Scrippers  to  lean  on. 

I  had  been  in  constant  attendance  during  the  arguments  of  counsel  in 
the  cases  before  Judge  Ross,  and  had  taken  an  active  part  in  securing  evidence 
for  the  Scrippers.  I  had  sent  in  thirty-three  affidavits,  in  addition  to  my  own, 
of  well-known  citizens  of  Kern  County,  showing  that  the  lands  in  controversy 
never  had  any  signs  of  petroleum  oil  on  them  prior  to  the  filing  of  the  mineral 
locations,  and  that  they  had  been  used  for  fifty  years  past  as  grazing  lands;  also 
that  there  were  no  improvements  on  the  west  half  of  Section  30,  Township  28 
South,  Range  28  East,  M.  D.  M.,(  claimed  by  the  Gray  Eagle  Oil  Company)  in 
December,  1899,  when  the  forest  reserve  or  "Scrip"  selections  were  made,  nor 
in  fact  until  January,  1900. 

Opposed  to  this  array  of  testimony  were  the  affidavits  of  C.  A.  Canfield 
and  Edward  L.  Doheney,  to  the  effect  that  they  had  seen  a  Standard  rig  in  oper- 
ation on  the  west  half  of  Section  30  as  early  as  November,  1899,  and  the 
affidavits  of  Frank  Pitney  and  O.  B.  Phelps  (both  of  whom  were  also  deeply 
interested  in  the  success  of  the  mineral  locations),  that  the  formation  bore 
unmistakable  evidence  of  petroleum  deposits.  Pitney  had  formerly  been  a  local 
fish  dealer,  and  Phelps  had  never  seen  an  oil  well  before  coming  to  Kern  County. 
Neither  had  any  more  intimate  acquaintance  with  the  geological  conditions 
affecting  the  formation  of  the  Kern  River  fields  than  a  pig  has  about  astronomy, 
?nd  yet  Judge  Ross  accepted  their  unsupported  statements  as  gospel  truth,  and 
turned  down  the  disinterested  testimony  of  some  of  Kern  County's  best  citizens ! 

The  decision  of  Judge  Ross  in  the  case  was  one  of  the  most  remarkable 
documents  I  ever  perused.  Prominent  lawyers  of  Los  Angeles,  who  attended 
the  arguments  and  familiarized  themselves  with  every  phase  of  the  situation, 
declared  in  emphatic  terms  that  the  attorneys  for  the  Scrippers  had  made  much 
the  best  showing,  and  that  there  was  no  possible  excuse  for  Judge  Ross  to  decide 
against  them.  Everybody  on  our  side  felt  the  same  way  because  the  oil  men 
had  certainly  made  a  lamentable  showing. 

Page  409 


My  first  misgiving  came  when  W.  E.  DeGroot,  a  Los  Angeles  pawnbroker, 
who  wyas  heavily  interested  in  the  Reed  Oil  Company,  of  Bakersfield,  and  one 
of  the  leading  factors  in  the  warfare  against  the  Scrippers,  offered  to  wager 
heavy  odds  that  Judge  Ross  would  decide  in  favor  of  the  Gray  Eagle  and  Elwood 
Oil  Companies.  This  was  before  the  cases  had  even  been.,submitted,  and  while 
the  arguments  were  still  in  progress. 

On  September  24,  1900,  Judge  Ross  made  his  now  famous  decision  in 
the  two  cases,  completely  demolishing  every  vestige  of  title  set  up  by  the  Scrip- 
pers to  the  lands.  Not  only  that,  but  the  findings  of  the  Court  ended  with  the 
suggestion  that  the  United  States  Grand  Jury,  then  in  session,  should  take 
official  cognizance  of  the  variance  in  the  two  sets  of  affidavits  that  had  been 
presented  for  consideration,  hinting  that  myself  and  others  had  committed 
perjury  when  we  swrore  that  the  land  had  any  agricultural  value,  and  that  the 
west  half  of  Section  30  was  not  in  the  possession  and  occupancy  of  the  Gray 
Eagle  Oil  Company  at  the  time  the  forest  reserve  selections  were  made. 

Frank  P.  Flint  (since  elected  United  States  Senator  from  California), 
was  then  United  States  Attorney  for  the  Southern  District  of  California.  Inci- 
dentally he  was  also  one  of  the  leading  attorneys  for  the  oil  men,  and  decidedly 
opposed  to  the  Scrippers  in  every  way.  It  therefore  came  with  exceedingly 
good  grace  for  Mr.  Flint  to  do  all  in  his  power  to  have  us  indicted,  on  account 
of  the  terrorizing  effects  of  such  a  proceeding,  and  he  lost  no  time  in  adopting 
the  Court's  suggestion. 

Indictments  were  accordingly  prepared  against  myself  and  the  thirty- 
three  others  who  had  substantiated  my  statements,  and  I  was  advised  that  I  had 
better  get  busy  and  secure  bonds  if  I  wanted  to  keep  out  of  prison.  It  was  at 
this  critical  stage  that  I  met  Milton  McWhorter  one  day  on  the  streets  of  Bakers- 
field.  He  had  been  the  contractor  for  the  Gray  Eagle  Oil  Company  and  for  C. 
A.  Canfield,  and  in  such  capacity  had  drilled  the  first  oil  well,  besides  erecting  the 
initial  improvements  on  the  west  half  of  Section  30,  over  which  all  the  trouble 
was  about. 

It  struck  me  as  rather  peculiar,  as  soon  as  I  saw  Mc\Yhorter,  that  he  had 
not  been  called  as  a  witness  by  the  oil  men,  so  I  determined  to  ask  him  the 
reason,  as  we  were  quite  friendly. 

"Mac,"  said  I,  "why  didn't  Canfield  and  the  Gray  Eagle  people  get  you 
to  testify  for  them  in  those  Scripper  cases?" 

"Oh,  I  guess  they  did  not  want  me  very  badly,"  he  replied  with  a  signifi- 
cant expression  of  countenance. 

It  was  like  a  drowning  man  grasping  at  a  straw,  and  I  pressed  him  for 
an  explanation.  This  he  at  first  refused  to  give  me,  but  finally  said  that  if  it 
could  be  of  any  personal  benefit  to  me  he  did  not  mind  giving  me  the  facts,  but 
otherwise  it  would  only  tend  to  create  enmity,  and  hurt  him  in  his  business. 

In  the  most  earnest  manner  at  my  command,  I  informed  Mc\Yhorter  that 
they  were  trying  to  indict  myself  and  associates  for  telling  the  truth  about  Section 
30,  and  that  if  he  was  aware  of  any  evidence  that  would  help  us  out,  it  was  his 
duty  to  supply  me  with  the  information. 

"Well,"  he  declared  vehemently,  after  reading  a  copy  of  my  affidavit. 
"they  will  never  put  you  behind  bars  for  what  you  have  sworn  to  here  if  I  can 
help  it,  and  I  guess  that  I  can,  too,  because  everything  you  have  said  here  is 
the  truth.  In  fact,  you  have  not  put  it  strong  enough.  I  have  documentary 
evidence  that  they  never  hauled  a  load  of  lumber  on  Section  30  until  after 
January  8,  1900,  for  the  reason  that  the  bill  was  not  purchased  from  the 
Wendling  Lumber  Co.  until  that  date.  I  drilled  the  first  holes  out  there,  and 
none  of  them  were  put  down  until  after  the  lumber  was  purchased  and  the  der- 
ricks were  erected,  which  was  some  time  subsequent  to  January  8." 

McWhorter  then  conducted  me  up  into  his  office  and  showed  me  his 
account  books  as  kept  by  John  Rader,  his  bookkeeper,  and  said  that  if  necessary 

Page  410 


Standard  drilling  rig  in  operation,  showing  a  "sump  hole"  where  the 
oil  is  stored  after  a  gusher  has  been  struck 


he  would  not  only  accompany  me  to  Los  Angeles  and  appear  before  the  Federal 
Grand  Jury  with  his  evidence,  but  would  also  have  Rader  go  with  us  so  as  to 
substantiate  everything  contained  in  his  books. 

This  conversation  occurred  about  noon,  and  within  the  next  hour  I  had 
wired  Shirley  C.  Ward,  our  attorney  at  Los  Angeles,  a  complete  statement  cov- 
ering the  evidence  secured,  and  had  received  instructions  to  proceed  to  Los 
Angeles  with  McWhorter  and  Rader,  together  with  their  books,  bills  for  material 
and  other  documentary  evidence,  as  fast  as  steam  could  carry  us. 

Upon  our  arrival  in  Los  Angeles,  we  went  direct  to  Ward's  office  and 
exhibited  the  convincing  proof  we  had  brought  with  us.  He  was  overjoyed  at 
the  sight  of  the  evidence,  and  accompanied  us  to  the  United  States  Attorney's 
office  and  asked  permission  to  have  McWhorter  and  Rader  go  before  the  inquis- 
itorial body  and  give  their  testimony. 

Mr.  Flint  objected  to  the  introduction  of  the  evidence  to  the  Grand  Jury, 
and  in  this  position  he  was  sustained  by  District  Judge  Olin  M.  Welborn,  whose 
son,  Charles  Welborn,  was  the  attorney  for  E.  L.  Doheney,  whereupon  Ward  re- 
sorted to  the  only  available  method  of  acquainting  the  organization  with  the  nature 
of  the  proposed  evidence  by  writing  a  letter  to  the  foreman  of  the  Grand  Jury 
and  requesting  permission  from  Judge  Welborn  in  open  Court  to  have  this 
communication  delivered. 

This  request  was  also  refused  by  Judge  Welborn,  just  as  Ward  expected 
it  would  be,  but  the  episode  did  not  escape  the  eagle  eyes  of  the  newspaper  re- 
porters present,  exactly  as  the  astute  lawyer  had  planned,  with  the  result  that 
every  paper  in  Los  Angeles  printed  the  text  of  what  had  been  written  to  the 
foreman  of  the  Grand  Jury. 

Ward  had  practically  made  a  brief  of  what  he  expected  to  prove  by 
McWhorter  and  Rader,  and  as  soon  as  the  jurymen  read  the  papers  they  sum- 
moned McWhorter  and  Rader  before  them,  Mr.  Flint  to  the  contrary  notwith- 
standing. The  straightforward  statements  of  the  two  men,  made  doubly  im- 
pregnable by  the  mass  of  unimpeachable  documentary  evidence  they  had  brought 

Page  411 


with  them,  produced  a  profound  sensation  in  the  Grand  Jury  room,  and  had  the 
effect  of  causing  the  body  to  ignore  the  indictments  previously  formulated,  and 
prepare  new  ones,  charging  Charles  A.  Canfield  and  Edward  L.  Doheney  with 
the  crime  of  perjury  in  having  made  false  affidavits  that  the  west  half  of  Section 
30  was  in  the  possession  of  the  Gray  Eagle  Oil  Company  ae  early  as  November. 
1899,  and  that  they  had  seen  a  Standard  rig  in  operation  there  at  that  time. 

Thereupon  Mr.  Flint  awoke  to  a  sudden  realization  of  the  fact  that  he 
was  something  more  than  the  mere  attorney  for  the  oil  men,  and  in  his  official 
capacity  as  United  States  Attorney,  pointed  out  to  Judge  Welborn  that  inasmuch 
as  Judge  Ross  had  held  in  his  decision  heretofore  referred  to  that  he  had  no 
jurisdiction  over  the  cases  at  bar.  consequently  no  crime  could  have  been  com- 
mitted in  any  proceeding  before  him,  no  matter  how  glaring  the  perjury  might 
have  been,  and  it  has  always  remained  a  mystery  why  Mr.  Flint  did  not  think  of 
that  when  he  was  laying  the  iron  fist  of  the  Government  down  upon  a  lot  of  so- 
called  Scrippers.  When  Mr.  Flint's  term  of  office  expired,  he  was  not  re- 
appointed,  although  making  a  vigorous  effort  for  the  place.  He  has  since  been 
elected  United  States  Senator  from  California,  defeating  Thomas  R.  Bard,  one 
of  the  most  honorable  men  that  ever  represented  the  State  in  the  upper  branch 
of  Congress,  and  it  is  claimed  that  Mr.  Flint  was  greatly  assisted  in  his  election 
through  the  influence  of  the  Southern  Pacific  Railroad  Company,  which  had  no 
use  for  Bard. 

Immediately  after  Judge  Ross  had  rendered  his  decision  in  the  Olive  Land 
and  Development  case,  wherein  the  contentions  of  the  Scrippers  were  sustained 
at  every  point,  the  oil  men  of  Bakersfield  boasted  quite  freely  that  they  were  rais- 
ing a  campaign  fund  for  the  purpose  of  neutralizing  the  effects  of  these  findings. 
The}'  made  no  secret  of  the  matter  at  the  time,  and  in  the  course  of  a  civil  action 
tried  in  Bakersfield  during  1902,  Judson  Elwood,  one  of  the  active  spirits  among 
the  mineral  locators,  admitted  on  the  witness  stand  that  a  large  sum  of  money  had 
been  raised  to  fight  the  Scrippers,  and  that  he  had  personally  subscribed  $1000 
towards  this  fund,  although  he  was  nothing  more  than  one  of  the  small  fry?  in 
this  immense  kettle  of  fish.  Just  what  amount  was  secured  by  process  of  assess- 
ment upon  each  person  whose  interests  were  identified  \vith  the  mineral  locators 
may  perhaps  never  be  fully  known :  but  that  it  must  have  aggregated  an  immense 
sum  is  evident  from  the  sensational  developments  following  closely  upon  the  foot- 
steps of  the  Court's  adverse  ruling. 

Rumors  were  rife  all  along  after  Judge  Ross  decided  the  cases  of  the 
Cosmos  Exploration  Company  rs.  the  Gray  Eagle  Oil  Co. ;  and  the  Pacific  Land 
and  Improvement  Company  vs.  the  Elwood  Oil  Company,  in  favor  of  the  defend- 
ants, that  everything  was  not  as  it  should  be,  but  it  was  not  until  1904  that  I  came 
in  possession  of  tangible  evidence  that  Judge  Ross  had  a  sordid  motive  in  revers- 
ing himself. 

Somehow  or  other  the  Government  found  out  that  I  entertained  grave  sus- 
picions on  the  subject,  and  May  20,  1904,  I  received  telegraphic  instructions  to 
proceed  to  Los  Angeles  and  investigate  every  feature  of  the  situation  as  far  as 
possible.  I  had  gone  away  from  Bakersfield  in  the  summer  of  1902,  and  for 
several  months  was  employed  on  the  Los  Angeles  papers" when  engaged  by  the 
California  State  Mining  Bureau  upon  some  special  service  that  shall  form  the 
basis  for  a  separate  chapter.  I  was  in  San  Francisco  at  the  time  of  being  com- 
missioned by  the  Government  to  run  down  the  ugly  rumors  that  were  afloat  con- 
necting the  names  of  Binger  Hermann,  Commissioner  of  the  General  Land  Office, 
with  the  scandals  incident  to  Hermann's  visit  to  the  Kern  River  oil  fields  in  a 
private  car  provided  by  the  oil  men,  and  of  Judge  Ross'  acrobatic  ruling  in  the 
last  Scripper  cases  that  came  before  him.  I  lost  no  time  in  going  to  Los  Angeles 
upon  the  errand  designated,  and  after  spending  several  days  there  gathering  in- 
formation upon  the  subject,  made  a  report  to  the  Government  substantiallv  as 
follows : 

Page  412 


Stevens'  Report  to  the  Government  Concerning  the  Disappearance  of  Henry  J. 
Fleischmann,  and  His  Connection  with  the  Scrippcr  Cases. 

Pursuant  to  your  telegraphic  instructions  of  May  20,  1904,  I  proceeded  to 
Los  Angeles  on  the  21st  instant,  and  the  next  clay,  as  well  as  the  following  Mon- 
day, was  in  consultation  with  Shirley  C.  Ward,  one  of  the  leading  local  attorneys 
for  the  Scrippers,  and  J.  R.  Johnston,  president  of  the  Cosmos  Exploration  Com- 
pany and  the  Pacific  Land  &  Improvement  Company,  from  whom  I  gathered 
much  valuable  information  relative  to  the  sensational  flight  from  justice,  in  the 
latter  part  of  1900,  of  Henry  J.  Fleischmann,  cashier  of  the  Farmers'  &  Merch- 
ants' Bank,  of  Los  Angeles. 

According  to  Johnston,  who  was  an  intimate  acquaintance  of  Fleischmann, 
on  the  Wednesday  night  preceding  the  decision  of  Judge  Ross  on  the  following 
Monday  in  the  Scripper  cases,  and  shortly  after  Commissioner  of  the  General 
Land  Office  Hermann  had  visited  the  Kern  River  oil  fields,  he  (Johnston)  was 
sitting  near  the  large  open  window  in  the  lobby  of  the  Westminster  Hotel  in 
Los  Angeles,  when  Henry  J.  Fleischmann  passed  by,  accompanied  by  a  female 
companion.  He  excused  himself  to  her  for  a  moment,  and  came  inside,  accosting 
Johnston  in  an  excited  manner  with  this  exclamation : 

"Well,  you  have  been  sold  out  in  those  cases  all  around,  and  you  are  beaten  ! 
There  is  no  show  on  God's  earth  for  you  to  win !" 

Johnston  asked  him  what  he  meant,  and  Fleischmann  replied: 

"I  haven't  time  to  tell  you  now,  and  besides,  we  are  exposed  to  view  from 
the  street ;  but  come  down  to  the  bank  early  tomorrow  morning,  and  I  will  explain 
everything." 

Johnston  was  ailing  at  the  time  this  conversation  occurred,  and  that  night 
his  condition  became  rapidly  worse,  so  that  he  was  obliged  to  retire  to  his  room, 
where  he  was  confined  a  week.  As  soon  as  he  was  able  to  be  out,  he  repaired  to 
the  bank  and  heard  Fleischmann's  story.  In  the  meantime  Judge  Ross  had  ren- 
dered his  famous  decision  adverse  to  the  Scrippers. 

The  first  question  that  Fleischmann  asked  Johnston  was,  "Are  you  a 
Mason  ?"  Being  answered  in  the  negative,  Fleischmann  continued  : 

"Well,  I've  known  you  a  long  time,  anyhow,  but  if  you  were  a  Mason,  I 
would  tell  you  a  great  deal  more." 

He  then  went  on  to  relate  that  Judge  Ross'  decision  was  read  in  the  private 
office  of  the  bank  at  least  ten  days  before  it  was  rendered,  to  a  group  of  persons 
consisting  of  Charles  A.  Canfield,  J.  A.  Graves  (brother  to  H.  E.  Graves,  whom 
Judge  Ross  had  named  as  one  of  the  Commissioners  to  drill  the  test  well  on  Sec- 
tion 4,  Township  29  S.,  R.  28  E.,  M.  D.  M.),  President  I.  W.  Hellman,  of  the 
Farmers'  &  Merchants'  Bank,  and  himself,  and  after  Canfield  and  Graves  had 
expressed  their  approval  concerning  the  salient  features  of  the  decision,  that 
Judge  Ross  had  thereupon  borrowed  from  the  Farmers'  &  Merchants'  Bank,  on 
his  unindorsed  note,  the  sum  of  $20,000,  with  which  he  purchased  stock  in  the 
Canfield  Oil  Company  at  15  cents  per  share,  and  which  were  repurchased  by  Can- 
field  immediately  after  the  decison  in  question  had  been  handed  down  for  55  cents 
per  share,  giving  Judge  Ross  a  net  profit  of  more  than  $55,000  by  the  transaction, 
and  that  the  records  of  the  bank  would  exhibit  the  whole  thing. 

Fleischmann  arranged  the  chairs  in  the  room  in  such  manner  as  to  indicate 
to  Johnston  where  each  participant  sat  during  the  entire  proceedings.  He  had 
previously  told  H.  T.  Hays,  of  Riverside,  California,  and  his  attorney,  Edward  A. 
Meserve,  of  Los  Angeles,  all  about  it,  and  had  intimated  that  another  high  Fed- 
eral official  was  involved. 

Johnston,  Hays  and  Meserve  went  to  Fleischmann  in  a  body  and  implored 
him  to  expose  the  whole  affair  in  the  interest  of  justice.  Fleischmann  replied 
that  if  they  would  throw  out  a  dragnet,  as  he  expressed  it,  so  as  to  apparently  en- 
tagle  him  in  its  meshes — meaning  that  if  they  would  have  all  the  different  cash- 
iers of  the  various  local  banks  subpoenaed,  so  as  to  make  it  appear  that  he  was  an 

Page  413 


involuntary  witness,  and  that  his  testimony  was  being  forced  out  of  him — he  was 
willing  to  go  on  the  witness  stand  and  tell  the  whole  truth.  This  was  agreed  to, 
whereupon  Johnston,  Hays  and  Meserve  incorporated  Fleischmann's  statement 
in  an  affidavit  which  they  signed  and  filed  with  the  Department  of  Justice  at 
Washington,  D.  C. 

At  this  stage  of  proceedings  Fleischmann  suddenly'  disappeared,  and  the 
amount  of  his  alleged  defalcation  was  currently  reported  to  be  in  the  neighborhood 
of  $90,000,  but  in  a  letter  written  to  Meserve  from  Peru  subsequent  to  his  flight, 
Feischmann  made  a  clean  breast  of  everything  pertaining  to  this  phase  of  the 
situation.  He  declared  that  he  was  given  $500,000  in  bills  of  the  denomination 
of  $1000  each,  and  fled  first  to  the  City  of  Mexico,  where  he  was  joined  by  a 
trusted  friend,  at  that  time  a  resident  of  Los  Angeles. 

It  was  arranged  between  them  that  Fleischmann  should  take  $10,000  of 
this  money,  leaving  the  balance  in  his  friend's  keeping,  \vith  the  understanding 
that  the  latter  should  join  Fleischmann  in  Peru  and  deliver  the  $490,000  to  him 
there :  but  it  developed  that  this  presumed  friend  (whose  name  Fleischmann  re- 
vealed to  Meserve,  but  whose  identity  neither  Ward  nor  Johnston  would  disclose 
to  me  at  the  present  time)  played  Fleischmann  false,  and  as  soon  as  the  absconding 
cashier  had  left  Mexico,  returned  to  the  United  States,  where  it  was  reckoned  that 
Fleischmann  would  not  dare  to  follow,  and  is  now  living  in  luxury  on  the  ill-gotten 
gains.  Meserve  has  ever  since  maintained  a  correspondence  with  Fleischmann,  and 
no  longer  than  last  Saturday  (May  21,  1904),  received  a  letter  from  the  fugitive, 
in  which  he  deplored  the  conditions,  and  expressed  considerable  chagrin  concern- 
ing fate  and  human  treachery,  at  the  same  time  expressing  a  wish  to  return  and 
face  the  music,  and  declaring  that  the  bank  officials  would  not  dare  to  molest  him. 

Meserve  is  convinced  that  it  is  his  absorbing  desire  now  to  sneak  into 
Chicago  and  kill  the  individual  that  robbed  him,  and  then  expose  the  scheme  of 
official  graft  and  corruption  in  its  entirety,  while  Ward  and  Johnston  are  satisfied 
that  if  Fleischmann  did  not  mean  Commissioner  of  the  General  Land  Office 
Binger  Hermann  when  he  made  reference  to  "another  Federal  official,"  that 
Hermann  was  bribed  by  Edmund  Burke,  a  sort  of  Poo  Bah  of  the  oil  men  while 
the  fight  with  the  Scrippers  was  on  in  Washington,  and  that  at  all  events  the  bank 
records  should  exhibit  everything  in  connection  with  the  transaction,  as  the  money 
to  pay  Hermann  must  have  come  through  that  source,  Canfield  being  one  of  its 
principal  patrons. 

This  man  Burke,  who  is  a  sort  of  speculator  and  member  of  the  local  bar, 
with  offices  in  the  Byrne  building,  Los  Angeles,  is  alleged  to  have  become  quite 
confidential  with  Johnston  rather  suddenly,  and  upon  the  occasion  of  a  recent  trip 
up  from  Long  Beach,  admitted  to  Johnston,  in  the  presence  of  the  latter's  wife. 
that  he  had  been  paid  a  salary  of  $5,000  a  year  and  expenses  to  go  to  Washington 
and  lobby  in  the  interests  of  the  oil  men,  but  that  his  job  was  finished  with  them, 
and  that  now  he  was  willing  to  engage  with  the  Scrippers  upon  the  same  terms. 

Johnston  said  that  Burke  was  much  in  evidence  around  Commissioner  Her- 
mann while  in  Washington,  as  was  also  a  man  named  A.  P.  Maginniss,  the  Santa 
Fe  Railway  Company's  right-of-way  man,  who  had  likewise  been  employed  by 
Edward  L.  Doheney  up  to  the  time  the  latter  disposed  of  his  oil  interests  to  the 
Santa  Fe.  Maginnis  made  his  headquarters  in  the  law  office  of  Britton  &  Gray 
while  the  fight  was  in  progress  before  the  Land  Department. 

Col.  J.  B.  Lankershin,  a  wealthy  and  reputable  citizen  of  Los  Angeles,  was 
a  heavy  stockholder  in  the  Farmers'  &  Merchants'  Bank,  and  when  the  flight  of 
Fleischmann  was  first  announced,  without  invitation  attended  an  executive  session 
of  the  directorate  of  that  institution,  and  demanded  from  President  I.  W.  Hellman 
the  privilege  of  inspecting  the  books  of  the  concern. 

This  request  Hellman  declined  to  grant,  and  a  heated  controversy  on  the 
subject  arose  between  the  two  in  the  presence  of  all  the  other  directors,  culmi- 
nating in  Lankershin  pointing  to  Attorney  J.  A.  Graves,  who  was  also  vice-presi- 
dent of  the  bank,  and  saying : 

Page  414 


"I  will  leave  it  to  your  own  lawyer  if  I  have  not  got  the  legal  right  to  do 
so."  Hellman  appealed  to  Graves  for  his  opinion,  and  the  attorney  coincided 
with  Lankershin,  who  immediately  left  the  bank  and  returned  to  his  office,  with 
the  avowed  intention  of  at  once  setting  an  investigation  on  foot.  He  had  no  soon- 
er reached  his  office,  however,  when  Hellman  called  him  up  over  the  telephone, 
and  asked  him  how  much  he  would  take  for  his  stock. 

Lankershin  at  first  declined  to  sell,  but  upon  being  implored  to  do  so, 
finally  named  a  price  which  he  afterwards  declared  to  a  friend  "would  raise  you 
out  of  your  boots  if  you  knew  what  it  was." 

Within  ten  minutes  thereafter,  he  was  notified  to  call  at  the  bank,  and  re- 
ceived a  check  for  the  full  amount  asked. 

Last  Thursday  night,  J.  A.  Graves  responded  to  the  toast,  "Morality  of 
Banking,"  at  a  public  banquet  in  Los  Angeles. 

A.  J.  Crookshank,  Register  of  the  United  States  Land  Office  at  Los  An- 
geles, who  met  Hermann  at  the  Union  depot  there,  is  authority  for  the  'statement 
that  the  Land  Commissioner  was  then  in  the  private  car  of  E.  L.  Doheney,  Charles 
A.  Canfield  and  A.  B.  Butler,  and  that  they  so  accompanied  him  on  his  trip  to  the 
Kern  county  oil  fields. 

In  order  to  satisfy  any  possible  public  curiosity  as  to  Fleischmann's  reasons 
for  being  on  confidential  terms  with  the  attorneys  for  the  Scrippers,  I  shall  take 
occasion  to  state  that  he  was  interested  with  them  in  forest  reserve  selections  con- 
flicting with  oil  locations  in  Kern  county,  and  naturally  had  a  motive  in  rendering 
all  the  aid  he  could  to  their  cause,  although  neither  the  bank  officials  nor  the  oil- 
men, so  far  as  I  am  able  to  ascertain,  were  aware  of  this  fact  at  the  time. 

His  close  relationship  to  the  Farmers'  &  Merchants'  Bank  as  its  trusted 
cashier,  together  with  his  ties  of  kinship  to  I.  W.  Hellman,  its  president,  probably 
threw  them  off  their  guard,  and  the  presumption  is  that  he  used  his  knowledge  of 
the  transaction  recited  in  my  report  not  only  as  a  measure  of  expediency  in  looting 
the  bank,  but  as  a  leverage  to  shield  himself  from  subsequent  prosecution.  At  all 
events,  although  a  great  hue  and  cry  was  apparently  made  by  the  bank  officials 
concerning  his  embezzlement  of  their  funds,  no  earnest  effort  was  made  to 
apprehend  him,  and  if  any  warrant  for  his  arrest  was  ever  sworn  out,  I  was  unable 
to  find  any  record  of  it  at  the  time  of  making  my  investigation  for  the  Government 
at  Los  Angeles. 

Fleischmann  was  the  favorite  nephew  of  Banker  Hellman — had  been  reared 
in  the  latter's  family,  so  it  was  said,  as  a  petted  child  of  fortune  ever  since  the 
death  of  his  parents,  so  that  when  it  became  known  that  he  had  absconded,  various 
ruses  were  adopted  to  hush  the  matter  up.  It  was  given  out  that  he  had  taken 
merely  a  paltry  $91,000,  and  that  he  had  left  behind  him  sufficient  property  to 
cover  the  extent  of  his  stealings.  This  report  was  obviously  circulated  for  the 
purpose  of  allaying  the  minds  of  the  stockholders,  because,  had  it  become  gen- 
erally known  that  Fleischmann's  flight  involved  a  loss  to  the  bank  of  half  a  million 
dollars,  it  would  have  had  the  effect  of  producing  such  a  run  on  the  institution 
that  no  prophet  could  have  foretold  the  outcome. 

It  may  be  asked  why  the  Government  did  not  investigate  the  details  of  the 
defalcation  at  the  time  of  its  occurrence.  The  answer  is  embodied  in  the  fact  that 
during  this  period  the  concern  was  not  a  National  bank,  hence  the  Federal  au- 
thorities had  no  more  right  to  question  its  conduct  in  that  respect  than  it  would  in 
prying  into  the  private  affairs  of  an  individual.  It  was  incorporated  under  State 
laws,  and  was  under  the  jurisdiction  of  the  California  Bank  Commissioners,  al- 
though I  believe  it  has  since  acquired  a  National  charter. 

I  have  never  been  advised  as  to  the  situation  respecting  Fleischmann's  pres- 
ent whereabouts,  but  at  the  time  I  made  my  investigations,  the  attorneys  for  the 
Scrippers  were  endeavoring  to  induce  him  to  return  and  place  the  Federal  author- 
ities in  full  possession  of  the  facts,  and  if  promised  immunity  by  the  civil  author- 
ities, there  is  hardly  any  reasonable  doubt  that  he  would  come  back  and  endeavor 
to  make  good  upon  his  serious  charges. 

Page  415 


When  the  case  of  the  Cosmos  Exploration  Co.  vs.  the  Gray  Eagle  Oil  Co., 
and  that  of  the  Pacific  Land  &  Improvement  Co.  against  the  Elwood  Oil  Co. 
reached  the  United  States  Circuit  Court  of  Appeals,  two  of  its  members — Judges 
Hawley  and  Morrow — sustained  the  lower  Court  in  its  ruling,  while  Judge  Wm.  B. 
Gilbert,  of  Oregon,  rated  as  one  of  the  most  able  jurists  in  the  Federal  service. 
rendered  a  strong  dissenting  opinion.  The  two  cases  came'up  before  the  United 
States  Supreme  Court  in  1903,  that  tribunal  handing  down  a  decree  that  gave 
neither  side  any  particular  advantage,  and  resulted  in  sending  all  the  issues  back 
to  their  original  starting  point,  the  local  Land  Office  at  Yisalia,  California,  where 
a  fresh  hearing  was  had  January  18,  1904.  The  suits  are  still  pending  before  the 
Land  Department. 

The  following  sworn  statement,  tabulated  from  the  official  records  of  Kern  County, 
shows  that  in  that  county  alone,  within  a  year,  103  persons  located  8,248  placer  petroleum 
mining  claims  of  20  acres  each,  an  average  of  over  80  claims,  or  1,600  acres  to  the  person, 
or  a  totalof  164.960  acres. 

In  this  list  appear  the  names  of  5  persons  whose  claims  number  between  200 
and  250;  7  between  150  and  200;  13  between  100  and  150;  41  between  50  and  100; 
37  between  30  and  50. 

This  list  shows  the  following  number  of  claims  located  by  single  families: 

Three  of  the  Jameson  family  located  220  claims,  or  an  average  of  73  each;  6  of  the 
Prewett  family  located  565  claims,  or  an  average  of  94  each;  7  of  the  Richardson  family 
located  885  claims,  or  an  average  of  126  each,  and  4  of  the  Wrampelmeier  family  located 
292  claims,  or  an  average  of  73  each. 

Those  holding  less  than  30  claims  each  are  not  shown  in  this  list. 

Adams,  John    64 

Armstrong,   R.   B 
Batz,    J.    B 

Berry,   W.  J 31 

Bernard,   E.   M 47 

Beverage,    Geo 64 

Bilkey,    C 53 

Bissell,    W.    S 

Blanding,  Gordon  .  . 
Blodgett,  H.  A.  ... 
Bracewell,  J.  M.  ... 

Bernard,  James 43 

Calcote,   Dan    39 

Carson,   J.   M 75 

Clark,    C.    T 4* 

Congdon,  C.  H 43 

Congdon,  H.  B 31 

Critics,  Phoebe  J.  .  . 
De  Groot,  W.  E.  .  . 

Druillard,    S.    G 42 

Drum,  F.  G 46 

Emmons,  E.  J 75 

Emmons,    M 31 

Emmons,  W.  H 65 

Parnum,    X.    C 

Fewell,  W.  G 

Goldman,  1 35 

Gould,   J.    L 59 

Graham,   F.   M 137 

Gurnett,    A.    G 65 

Hailstone,    C.    E 81 

Hendryx,   W.   A 71 

Hodgkiss,   O.    E 
Hughes,  J.   A 

Total  number  of  claimants 
Total   number  of   claims 


4 

Jameson,  J.   M  

.  .      45 

Purfurst,    A.    B  

74 

4 

Jameson,   J.    S  

.  .      52 

Pullen,  C.  J  

80 

3 

Jameson,    J.    W.    .  .  . 

.  .    123 

Rader,   A.   L  

37 

1 

Jastro,    H.    A  

.  .      30 

Rader,  R.  M  

37 

7 
4 

Jewett,    S  
Jordan,  J.   H  
Keller.   F.  L  

228 
160 
.  .       42 

Richardson    E.  A  
Richardson    Fannie  .  .  . 

139 

111 

3 

Kellogg,    L.    O  

.  .      34 

Richardson     Geo  

122 

6 

Kennison,    A.    W.    .  . 

.  .      58 

Richardson    James    .  .  . 

130 

6 

Kowdv,  C.  E  

.  .       73 

Richardson     Jessie,    sr. 

121 

1 

Langdon,  F.  A  

.  .      31 

Richardson    Jessie  jr..  . 

98 

5 

I.andis.    J.    B  

.  .      62 

Richardson     S  

163 

3 

Lange,  H.  T  

.  .      40 

Rodgers,  Warren   

.    37 

9 

Lee,  C.  A  

.  .    117 

Roper,    F  

182 

O 

Lemon,   F.   H  

.  .       .->•_' 

Schofield,  S.  G  

34 

8 

Lhote,   H.  C  

.    .           00 

Shafer,  W.  H  

40 

3 

Lindsav,    G.   J  

.  .      76 

Simon,   S.   S  

115 

1 

McCutchen,  G.  \V.   .  . 

.  .      49 

Smith,       A.L  

58 

4 

McCutchen,  J.   B. 

.  .       47 

Smith,   I.   M  

73 

3 

McCutchen,  W.  S. 

.  .      36 

Smith,  P  

71 

2 

McKee,    Robert 

.  .       74 

Spencer,  W.  M  

56 

6 

Mentry,   C.   A  

.  .      34 

Tevis,    Hugh    

34 

0 

Moran,    Kate    

.  .      65 

Tevis,   W.    S  

3t 

1 

Moran,  T.  L  

.  .    134 

Touslev,  C.  L  

31 

5 

N'ewson,  Jno.  J  

.  .       54 

Wagy,  J.  J  

131 

5 

Packard,   H.   L  

.  .    245 

Wagy,   M.  S  

34 

6 

Packard,    T.   J  

Williams,    Elizabeth 

48 

5 

Phelps,  O.  B  

.  .       57 

Wrampelmeier,   L.   A. 

73 

9 

Pitnev,    F.    R  

.  .      82 

Wrampelmeier,   L.   C. 

73 

7 

Prewett,   Alpha 

.  .      67 

Wrampelmeier,  F.  W. 

73 

5 

Prewett.    E.    J  

.  .      96 

Wrampelmeier,  T.  G. 

73 

1 

Prewett,   H.   J  

.  .    121 

Youle,  W.  E  

223' 

1 

Prewett.    X.    E  

.  .      95 

Young,  C.   S  

30 

3 

Prewett.  S.  J  

.  .      98 

Zartman,    G.    W  

169 

0 

Prewett.    W.    J.     .  .  . 

.  .    137 

Zartman.   M.  E  

137 

g 

.  .  .  103 

.  8,248 

Page  416 


Chapter  XXVII 


Great  rush  of  Eastern  timber  speculators  with  a  horde  of  dummy  entrymen  into 
the  virgin  forests  of  Northern  California  impels  the  State  Mining  Bureau 
to  send  a  special  agent  to  the  affected  districts  for  the  purpose  of  investi- 
gating numerous  complaints  relative  to  encroachments  on  unpatented  min- 
ing claims  by  the  greedy  grabbers — His  report  to  State  Mineralogist  An- 
bury has  the  effect  of  drawing  the  President's  attention  to  the  situation, 
with  the  result  that  an  Executive  proclamation  is  issued,  making  provisional 
suspension  of  a  vast  territory  for  forest  reserve  purposes,  and  calling  a  halt 
on  further  depredations — ft  also  encompasses  the  loss  of  several  official 
heads  in  the  Land  Department,  and  likewise  reveals  a  cunning  scheme  to 
grab  265,000  acres  of  valuable  timber  land  by  process  of  placer  mining 
locations,  in  order  to  blase  the  way  for  the  coming  of  the  Western  Pacific 
railroad. 

WHILE  to  Ethan  Allen  Hitchcock,  late  Secretary  of  the  Interior,  unques- 
tionably belongs  the  distinction  of  having  inaugurated  the  crusade  that 
has  resulted  in  the  complete  subjugation  of  the  plunderers  of  the  public 
domain,  it  was  Lewis  E.  Aubury,  the  State  Mineralogist  of  California,  who  was 
among  the  first  to  call  public  attention  to  the  gigantic  depredations.  And  it  is 
one  of  the  ironies  of  fate  that  the  overpowering  avarice  of  these  looters  was  re- 
sponsible for  their  own  untimely  downfall.  It  was  the  fuse  that  ignited  the  chain 
of  mines  whose  explosion  has  destroyed  the  strongholds  of  fraud. 

Not  content  with  grabbing  all  the  vacant  timber  lands  of  Northern  Cali- 
fornia that  they  could  lay  their  hands  on,  with  that  reckless  abandon  creditable  to 
a-  buccaneer  of  old,  they  overstepped  the  bounds  of  discretion,  and  seized  upon 
the  holdings  of  many  poor  old  miners  who  had  been  in  peaceful  possession  of 
their  claims  for  a  quarter  of  a  century  or  more,  and  who  felt  secure  in  their  prop- 
erty rights  by  reason  of  having  complied  with  the  laws  in  relation  to  assessment 
work  upon  their  mineral  entries,  even  though  their  claims  were  not  patented. 

It  may  be  asked  how  it  was  legally  possible  for  a  person  to  be  deprived  of 
his  property,  or  even  assailed  in  his  rights,  after  having  worked  a  mining  claim  in 
good  faith  for  upwards  of  25  years,  and  it  is  this  phase  of  the  situation  that  1 
shall  take  the  liberty  of  explaining.  Under  the  present  system,  whenever  a  town- 
ship is  surveyed  by  the  Government,  it  is  supposed  to  be  segregated  in  accordance 
with  its  well-known  characteristics.  For  instance,  if  some  portions  were  known  to 
be  mineral  in  character,  they  were  returned  as  such,  and  title  thereto  could  only 
be  obtained  through  the  mining  laws  of  the  United  States,  unless  the  mineral 
character  of  the  land  should  be  subsequently  disproved  in  the  course  of  an  official 
investigation.  Other  parts  of  the  township  were  returned  as  agricultural  in  char- 
acter, title  thereto  being  acquired  under  the  homestead  laws,  while  still  other  tracts 
might  have  been  subject  to  overflow  at  the  time  the  State  was  admitted  into  the 
Union,  in  consequence  of  which  they  were  declared  to  be  swamp  and  overflow 
lands,  and  subject  to  sale  by  the  State  by  virtue  of  its  sovereignty.  In  like  manner 
the  16th  and  36th  sections  of  each  township  are  returned  as  school  lands,  the  pro- 
ceeds of  their  sale  going  towards  the  maintenance  of  the  public  school  funds  of 
the  State  wherein  the  lands  are  situated.  In  fact,  all  the  lands  in  the  newly-sur- 
veyed townships  are  classified,  and  become  subject  to  sale  upon  the  basis  of  what- 
ever return  is  made  by  the  United  States  Surveyor-General  for  the  district. 

Practically  all  the  public  land  surveys  are  made  under  contract,  and  by  men 
who  are  generally  unfamiliar  with  geological  conditions.  Thus,  unless  a  tract  is 

Page  417 


well-known  to  be  mineral  in  character,  and  is  notoriously  operated  for  mining  pur- 
poses at  the  time  of  survey  of  the  township,  it  is  just  as  liable  to  be  returned 
as  agricultural  land  as  anything  else,  because  the  deputy  surveyor,,  upon  whose 
field  notes  the  Surveyor-General  always  bases  his  returns,  is  usually  in  a  hurry  to 
get  over  as  much  ground  as  possible,  and  consequently  pays  no  heed  to  geological 
conditions,  even  if  he  knew  anything  about  them.  ., 

Under  these  circumstances,  whenever  mineral  is  found  upon  land  that  has 
been  returned  as  agricultural,  the  process  of  acquiring  title  is  very  peculiar.  In 
accordance  with  the  mining  laws  of  the  United  States,  he  is  obliged  to  file  his 
claim  to  the  desired  portion  with  the  County  Recorder  of  the  County  where  the 
land  is  situated,  and  no  record  of  his  claim  appears  in  the  local  United  States 
Land  Office  until  after  the  issuance  of  patent.  By  the  performance  of  $100  worth 
of  assessment  work  each  year  upon  his  claim,  the  locator  can  hold  the  same  in- 
definitely, and  these  conditions  prevailed  to  a  large  extent  in  Northern  California 
in  1902,  at  which  time  the  great  rush  by  Eastern  syndicates  to  grab  up  the  valuable 
forests  of  that  region  had  reached  flood  tide. 

By  reason  of  the  lands  having  been  returned  as  agricultural  or  timbered  at 
the  time  of  survey,  and  of  the  fact  that  there  was  no  record  in  the  Land  Office 
of  any  unpatented  mineral  entries,  the  records  of  the  Land  Offices  indicated  that 
the  tracts  were  vacant,  and  subject  to  location  accordingly.  Great  train  loads  of 
"dummy"  locators  were  brought  out  from  the  East  to  file  on  these  lands  under  the 
timber  and  stone  act  of  June  3,  1878,  and  in  the  grand  scramble  that  ensued  they 
went  pell  mell  after  everything  in  sight  in  their  efforts  to  get  ahead  of  the  other 
fellow,  paying  no  heed  to  the  clause  in  their  applications  requiring  personal  knowl- 
edge of  the  tract,  and  swallowing  the  required  non-mineral  affidavit  with  as  much 
gusto  as  an  ostrich  would  display  in  digesting  a  tomato  can.  Their  operations 
finally  became  so  emboldened  that  numerous  complaints  began  to  reach  the  Cali- 
fornia State  Mining  Bureau,  and  as  time  progressed  the  volume  of  these  com- 
plaints increased  at  a  corresponding  ratio. 

During  this  period  I  was  employed  upon  the  Los  Angeles  newspapers,  and 
it  was  while  thus  engaged  that  State  Mineralogist  Aubury  made  a  trip  to  that 
city  for  the  purpose  of  conferring  with  me  upon  the  subject  of  suppressing  the 
wholesale  depredations.  He  was  aware  that  I  had  had  considerable  experience  in 
public  land  matters,  and  besides  we  were  friends  of  long  standing.  As  a  result 
of  his  visit,  I  proceeded  northward  under  a  commission  as  "Special  Agent  of 
the  California  State  Mining  Bureau."  with  power  to  investigate  conditions  and 
report  my  findings  to  Mr.  Aubury.  I  took  the  field  October  8,  1902.  and  in  less 
than  30  days  had  submitted  a  report  that  revealed  an  awful  state  of  affairs,  the 
publication  of  which  had  the  effect  of  opening  the  eyes  of  Secretary  Hitchcock  to 
the  true  situation.  I  drove  for  more  than  600  miles  through  the  mountainous  dis- 
tricts of  Northern  California  in  a  light  buggy,  in  the  course  of  which  I  traversed 
portions  of  Yuba,  Butte,  Sierra,  Plumas,  Lassen.  Tehama,  Shasta  and  Siskiyou 
counties. 

While  the  looters  of  these  magnificent  forests  had  been  swift  in  their 
operations,  like  any  raiding  organization,  they  left  a  well-defined  trail  behind  them, 
and  this  it  was  an  easy  matter  to  follow.  In  fact,  their  work  was  so  "raw."  to 
use  a  common  expression,  that  a  blind  man  could  not  have  failed  to  become  cog- 
nizant of  what  was  going  on,  and  why  they  were  allowed  to  operate  in  this  fash- 
ion for  such  a  length  of  time  under  the  very  nose  of  the  Government,  can  only 
be  explained  upon  the  hypothesis  that  Binger  Hermann  was  at  that  time  Com- 
missioner of  the  General  Land  Office. 

The  Marysville  Land  Office  was  my  objective  point  after  leaving  San 
Francisco,  and  here  it  soon  became  evident  that  the  complaints  of  the  miners  of 
Northern  California  were  not  without  foundation.  It  developed  that  Register 
Johnson  was  likewise  business  manager  of  the  Appeal,  a  local  newspaper,  and 
that  he  spent  most  of  his  time  attending  to  those  duties.  It  seems  that  he  only 
came  to  the  Land  Office  when  sent  for  to  sign  papers  that  had  been  prepared 

Page  418 


Lewis  E.  Aubury,  the  honest  State  Mineralogist  of  California,  who  has  earned 

the  everlasting  gratitude  of  the  miners  of  the  Golden  State  by  his 

fearless  attitude  in  protection  of  their  interests 

by  Mrs.  Coult,  his  mother-in-law,  who  was  not  only  chief  clerk  of  the  Land  Office, 
but  also  the  sister  of  Charles  E.  Swezy,  an  attorney  who  had  for  years  dominated 
the  affairs  of  the  Governmental  institution,  and  had  practically  run  things  to  suit 
himself. 

My  investigations  indicated  that  out  of  a  total  of  170  forest  reserve  lieu 
selections  filed  at  the  Marysville  Land  Office  since  the  Act  of  June  4,  1897,  had 
gone  into  effect,  aggregating  29,005.59  acres,  Swezy  had  appeared  as  attorney  of 
record  for  160  thereof,  embracing  an  area  of  27,079.16  acres.  Nearly  all  these 

Page   419 


selections  had  been  made  in  the  interest  of  Thomas  B.  Walker,  a  multi-millionaire 
lumberman  of  Minneapolis.  Minnesota,  who  was  reputed  to  be  an  intimate  as- 
sociate of  James  J.  Hill,  the  great  Northern  Pacific  railroad  magnate.  Swezy  ad- 
mitted to  me  that  he  had  also  filed  forest  reserve  selections  in  the  Susanville 
Land  Office  covering  70,000  acres,  and  14,000  acres  in  the  Redding  district,  or 
more  than  110,000  acres  altogether  within  a  few  months  •'in  behalf  of  Walker, 
who  was  likewise  employing  the  services  of  other  land  agents  in  his  efforts  to 
grab  all  he  could  of  the  public  domain,  besides  purchasing  private  holdings  wher- 
ever obtainable  within  the  scope  of  his  operations.  I  traced  fully  500,000  acres 
into  Walker's  hands,  and  my  researches  were  only  stopped  by  the  Oregon  Bound- 
ary. How  much  he  got  hold  if  in  that  and  other  heavily  timbered  states  K-  n 
matter  that  would  probably  stagger  the  imagination,  but  it  stands  to  the  everlast- 
ing shame  of  the  nation  that  grafting  members  of  both  branches  of  Congress 
have  manipulated  the  public  land  laws  in  such  a  way  as  to  equip  the  organized 
wealth  of  a  single  person  with  the  power  to  acquire  a  territory  so  vast  in  extent 
that  the  feudal  barons  of  old  would  appear  like  petty  larcenists  in  comparison. 

After  gathering  a  sufficient  amount  of  data  at  the  Marysville  Land  Office 
tor  all  necessary  purposes,  I  proceeded  to  Oroville,  where  I  hired  a  livery  rig, 
and  for  nearly  a  month  occupied  my  time  in  traveling  through  the  region  mostly 
affected  by  the  operations  of  the  land-grabbers,  in  the  course  of  my  investi- 
gations, visiting  the  following  places:  Mooretown.  Merrimac,  Magalia,  Inskip 
and  Chico,  Butte  county ;  La  Porte,  Quincy,  Crescent  Mills,  Taylorsville,  Green- 
ville. Prattville,  Humbug  Valley  and  Longville,  Plumas  county ;  Gibsonville. 
Table  Mountain  and  Poker  Flat.  Sierra  county ;  Yuba  Dam,  Yuba  county ;  Red 
Bluff,  Tehama  county ;  Redding,  Shasta  county,  besides  other  points  of  minor 
importance. 

At  nearly  all  of  these  places  I  remained  long  enough  to  listen  to  the  griev- 
ances of  the  miners,  and  to  make  personal  inquiry  therein,  as  I  had  no  desire  to 
base  my  conclusions  on  hearsay  evidence.  I  found  that  in  practically  every  in- 
stance the  State  Mining  Bureau  had  been  correctly  informed  as  to  the  character 
of  the  alleged  interference  with  the  rights  of  the  miners,  although  it  was  soon 
apparent  that  the  complaints  of  the  latter  in  no  material  sense  measured  the  ex- 
tent of  the  depredations,  much  of  which  was  uncovered  by  my  subsequent  ex- 
aminations of  the  Land  Office  records  of  the  Marysville.  Susanville  and  Redding 
land  districts.  For  example,  I  would  note  carefully  the  exact  location  in  each 
section  of  the  different  unpatented  mining  claims,  and  after  going  over  the  land 
office  records  would  compare  the  various  forest  reserve  lieu  selections  under  the 
Act  of  June  4.  1897.  the  timber  and  stone  Act  of  June  3,  1878,  and  the  State  lieu 
selections,  with  the  descriptions  embraced  in  the  unpatented  mineral  entries  that 
I  had  obtained  from  the  county  records,  and  the  result  was  appalling. 

Aged  and  discrepit  miners,  who  had  earned  a  livelihood  from  their  hold- 
ings for  years,  and  who  had,  in  many  cases,  reared  large  families  thereon,  found 
themselves  in  the  merciless  grasp  of  these  inhuman  plunderers,  and  liable  in  the 
sundown  of  their  lives  to  he  deprived  of  property  that  had  been  their  only  source 
of  income  for  a  score  or  more  of  years.  General  indignation  prevailed  when  the 
real  situation  of  affairs  became  apparent,  and  at  several  places,  notably  Gibson- 
ville, Sierra  county,  and  towns  throughout  Indian  Valley,  Plumas  county,  there 
existed  a  strong  inclination  in  the  direction  of  reviving  the  old  lynch  law  spirit. 

At  Marysville,  immediately  upon  realizing  what  the  probable  outcome  of 
my  investigations  would  be,  based  upon  what  I  had  already  discovered.  I  wired 
State  Mineralogist  Aubury  to  request  Governor  Gage  to  join  himself  and  the 
Sacramento  Valley  Development  Association  in  urging  the  Secretary  of  the 
Interior  to  suspend  all  land  entries  in  the  Marysville,  Susanville  and  Redding  dis- 
tricts until  I  was  in  a  position  to  report  my  findings.  I  had  already  unearthe-1 
sufficient  to  warrant  these  precautionary  measures,  and  in  my  opinion  it  was  the 
most  expeditious  way  to  call  an  emphatic  halt  upon  the  headlong  rush  of  the 
timber  looters. 

Page  420 


Town  of  Taylorville,  Indian  Valley,  Plumas  County,  California,  which  had  a  narrow 
escape  from  being  included  in  a  fraudulent  timber  claim 


At  Mooretown,  Butte  county,  situated  many  thousands  of  feet  above  sea 
level,  occurred  one  of  the  most  prophetic  episodes  I  ever  experienced.  It  was 
somewhere  near  the  middle  of  the  month  when  I  reached  there,  and  the  night 
was  particularly  brilliant  under  the  radiant  glare  of  a  full  October  moon.  Sud- 
denly there  was  a  darkened  aspect,  and  in  a  seemingly  magical  way,  as  hardly 
any  of  the  mountaineers  had  been  made  aware  of  the  approaching  phenomena, 
the  heavens  took  on  a  murky  appearance,  and  in  an  incredibly  short  space  of 
time  the  lunar  orb,  which  only  a  few  moments  previously  had  appeared  so  at- 
tractive to  the  eye  as  it  floated  majestically  across  the  skies,  was  enshrouded  by 
a  pall  of  inky  blackness,  bringing  me  to  a  full  realization  of  the  fact  that  we  were 
passing  through  the  famous  total  eclipse  of  the  moon  of  that  year,  and  the  event, 
unheralded  as  it  seemed  to  be  in  a  way,  certainly  made  a  deep  impression  upon  me. 

"It  is  the  hand  of  destiny,"  I  thought.  "A  shadow  on  the  wall  of  coming 
events  from  Washington." 

By  the  time  I  reached  Quincy,  the  county  seat  of  Plumas  county,  the  whole 
country  was  ablaze  with  the  report  that  President  Roosevelt  had  issued  an  execu- 
tive proclamation  making  provisional  suspension  of  a  vast  extent  of  territory  for 
forest  reserve  purposes,  covering  hundreds  of  square  miles,  and  embracing  mil- 
lions of  acres  in  the  very  heart  of  the  affected  district,  and  I  felt  absolutely  cer- 
tain that  his  action  meant  the  beginning  of  the  end  of  the  reign  of  the  looters,  and 
that  the  Chief  Executive  of  the  nation,  inspired  by  the  instincts  of  providential 
power,  had  cast  a  mantle  of  suspension  over  this  vast  area  that  promised  to 
eclipse  every  fraudulent  effort  to  acquire  its  titles. 

Under  the  provisions  of  the  order  of  suspension,  all  further  entries  of 
public  lands  in  the  Susanville  district  were  prohibited  until  such  time  as  the  Land 

Page  421 


Department  in  Washington  had  been  afforded  opportunity  for  making  investiga- 
tion. It  was  a  bitter  pill  for  the  timber  thieves  to  swallow,,  and  they  did  so  with 
equal  grace  to  that  displayed  by  a  shark  in  becoming  reconciled  to  the  unex- 
pected loss  of  its  prey. 

Indignation  meetings  were  cleverly  arranged  by  those  mostly  interested  in 
the  operations  of  the  looters,  at  which  resolutions  were  adopted  protesting  against 
the  action  of  the  President  in  creating  the  reserves.  The  leading  spirits  at  these 
demonstrations  included  the  editors  of  local  newspapers  who  had  prospered  in- 
ordinately under  the  stimulus  of  innumerable  timber  land  notices ;  timber  cruisers 
who  were  being  paid  enormous  fees  for  their  services,  and  hotel  keepers  and  liv- 
erymen, temporarily  intoxicated  by  the  tonic  of  the  wealth  produced  by  the  activ- 
ity of  the  men  who  were  robbing  themselves  and  their  children  of  their  most 
magnificent  heritage.  They  were  bartering  their  birthright  for  a  mess  of  pottage, 
but  blindness  to  every  consideration  except  selfish  greed  led  them  to  kiss  the 
chastening  rod. 

One  of  their  principal  arguments  was  that  the  creation  of  these  forest 
reserves  would  ruin  the  mining  industry,  and  it  appeared  to  be  a  trump  card  in 
the  game,  because  nearly  everybody  in  that  region  was  more  or  less  interested  in 
mining.  Believing  that  the  State  Mining  Bureau  was  primarily  responsible  for 
the  changed  conditions,  as  its  representative  I  came  in  for  a  goodly  share  of 
censure,  so  that  when  I  reached  Greenville,  in  Plumas  county,  George  Standart, 
one  of  their  leading  agitators,  was  waiting  for  me,  primed  with  reasons  why  the 
reserves  should  not  be  created. 

\Ye  engaged  in  a  wordy  combat  to  a  finish  in  front  of  the  local  hotel,  before 
an  audience  that  represented  practically  every  interest  of  the  community,  and  I  let 
him  harangue  the  crowd  to  his  heart's  content  upon  the  theory  that  the  creation  of 
the  forest  reserves  would  prevent  further  filing  of  mining  locations.  It  was  the  one 
string  to  his  oratorical  fiddle,  and  he  played  upon  it  with  an  artistic  zeal  that  would 
have  done  credit  to  a  better  cause.  In  words  of  pathos,  he  painted  a  dire  picture 
of  the  people  being  shut  up  in  these  reserves  like  caged  animals,  and  denied  the 
right  to  acquire  title  to  their  mining  property,  or  even  explore  undeveloped  terri- 
tory. 

After  he  had  finished  with  his  masterly  effort,  I  produced  a  small  paper- 
covered  volume  that  came  from  the  Government  printing  office  in  Washington, 
and  proceeded  to  read  a  few  chapters  from  its  pages  for  the  edification  of  those 
gathered  around  me,  with  the  result  that  my  opponent  received  more  than  his  full 
measure  of  ridicule  from  those  who  had  previously  championed  his  contentions. 
The  pamphlet  contained  all  the  laws  relating  to  the  establishment  of  forest  re- 
serves, in  which  the  fact  was  emphasized  repeatedly  that  title  to  mining  ground 
can  be  acquired  in  any  forest  reserve  of  the  country,  and  prospecting  prosecuted 
unmolested,  where  no  other  industry  would  be  permitted  to  flourish  excepting 
under  annoying  restrictions. 

In  view  of  the  circumstances,  it  dawned  upon  the  crowd  that  forest  re- 
serves were  the  most  effective  means  of  protecting  them  from  the  encroachment 
of  the  timber  thieves,  and  they  lost  no  time  in  making  themselves  heard  upon  the 
proposition.  Eventually  it  became  generally  recognized  that  the  policy  of  Presi- 
dent Roosevelt  in  establishing  these  reserves  was  based  upon  sound  principles  of 
public  welfare. 

Although  it  was  conceded  that  the  action  of  the  President  in  making  the 
temporary  suspensions  had  placed  a  severe  check  upon  timber  entries  of  all  de- 
scriptions, I  continued  on  to  Susanville,  and  spent  some  time  investigating  var- 
ious phases  of  the  situation.  Imagine  a  small  hamlet  of  a  few  hundred  inhabi- 
tants suddenly  aroused  from  its  pastoral  slumbers  by  the  clang  and  clamor  of  com- 
mercial greed,  and  the  reader  will  have  a  fair  idea  of  the  conditions  that  prevailed 
incident  to  the  abnormal  rush  of  Eastern  speculators  and  their  hordes  of  follow- 
ers to  acquire  title  to  the  valuable  timber  lands  of  that  region.  Unquestionably 
the  finest  body  of  sugar  pine  timber  in  the  world  existed  in  the  basin  known  as 

Page  422 


Town  of  La  Porte,  Plumas  County,  California.  During  the  celebrated  trial  of  the  North  Bloomfield  debris  case  in  1883 
Wells,  Fargo  8  Company's  express  officers  at  San  Francisco  produced  documentary  evidence  showing  that  in  a  period 
of  30  years  preceding  said  suit,  shipments  had  been  made  through  the  express  company  from  La  Porte  aggregating 
more  than  100  tons  of  gold.  It  was  in  this  vicinity  where  the  scrippers  had  been  most  active  in  filing  forest  reserve 
lieu  selections  under  the  Act  of  June  4th,  1897,  over  the  unpatented  mineral  entries  of  prospectors,  some  of  whom  had 
been  in  peaceful  possession  of  their  claims  for  more  than  a  Quarter  of  a  century 

the  Big-  Meadows  of  Plumas  county,  and  here  was  where  all  the  energies  of  the 
grabbers  were  concentrated,  so  that  it  was  no  wonder  that  in  a  very  few  months 
the  public  domain  within  a  comparatively  small  territory  was  despoiled  to  the  ex- 
tent of  a  quarter  of  a  million  acres  before  the  ravenous  appetites  for  plunder  had 
been  half  satisfied. 

The  United  States  Land  Office  was  located  in  Susanville,  and  to  show 
what  effect  the  boom  in  timber  lands  had  produced  upon  the  business  of  the 
office,  it  is  only  necessary  to  refer  to  some  of  the  financial  returns.  Within  a 
period  of  nine  months  during  1902,  503  entries  under  the  timber  and  stone  act 
of  June  3,  1878,  had  been  filed,  covering  more  than  80,000  acres.  In  addition, 
selections  under  the  forest  reserve  lieu  land  Act  of  June  4,  1897,  were  made, 
amounting  to  108,425.57  acres,  while  State  lieu  selections  embracing  more  than 
70,000  acres  were  also  recorded,  the  whole  aggregating  a  total  area  far  in  excess 
of  250,000  acres  in  a  single  land  district  since  the  rush  began.  The  cash  receipts 
of  the  Susanville  Land  Office  for  the  quarter  ending  October  1,  1902,  were 
$61,826.07,  as  against  $4,613.62  for  the  preceding  quarter/a  gain  of  $57,212.45. 
Strange  that  all  these  facts  did  not  arouse  the  suspicion  of  the  Commissioner  of 
the  General  Land  Office,  but  then  it  must  be  understood  that  Binger  Hermann  at 
that  time  filled  the  position  of  Commissioner. 

The  town  of  Susanville  was  thronged  with  strangers  upon  my  arrival,  and 
they  made  no  secret  of  their  presence.  All  were  there  for  the  purpose  of  filing 
timber  claims  and  afterward  disposing  of  them  in  accordance  with  a  prior  ar- 
rangement, although  the  Act  of  June  3,  1878,  under  which  they  had  made  their 
locations,  distinctly  provides  that  the  entryman  must  take  the  land  up  for  his 


Page  423 


own  use  and  benefit,  and  for  the  use  and  benefit  of  no  other  person  or  persons 
whomsoever,  and  that  he  has  made  no  contract  or  agreement  to  sell  the  same. 
The  500  and  more  who  had  filed  entries  under  this  Act  also  made  affidavits  to 
this  effect,  and  each  and  every  one  violated  their  oaths  in  almost  the  same  breath 
they  were  given. 

\\  hole  families  came  to  the  Land  Office  with  that  object  in  view,  and  I 
encountered  one  instance  where  a  man,  his  wife  and  four  grown  children  had 
located  timber  claims  and  afterwards  borrowed  $2.500  from  a  local  bank  to  make 
payment  thereon,  giving  mortgages  on  the  lands  as  security.  This  family  had 
only  a  short  time  previously  been  refused  credit  for  a  sack  of  flour  at  the  grocer's, 
and  under  ordinary  circumstances  the  banker  would  have  ordered  them  all  ejected 
from  the  financial  establishment  for  their  audacity  in  seeking  to  borrow  money 
upon  such  flimsy  security,  but  upon  this  special  occasion  the  eminent  financier 
looked  pleased  to  see  them,  and  shelled  out  the  coin  with  an  eagerness  that  be- 
tokened its  own  conclusion.  He  had  reason  to  be  gratified  with  their  patronage, 
too,  because  in  his  coffers  was  a  certified  check  for  an  amount  covering  any  sum 
that  he  was  liable  to  be  called  upon  to  meet  in  the  way  of  drafts  of  this  character, 
and  besides  he  was  paid  a  handsome  bonus  for  his  services  in  acting  as  a  '"go-be- 
tween" in  the  transaction  that  involved  the  commission  of  a  direct  fraud  upon  the 
Government,  and  of  which  he  was  fully  cognizant  at  all  stages  of  the  proceedings 
to  acquire  these  illicit  titles. 

Immediately  after  the  issue  of  the  final  certificate,  the  tract  became  nego- 
tiable, and  the  entryman  had  no  sooner  emerged  from  the  Land  Office  after  mak- 
ing payment,  than  he  was  approached  by  an  agent  of  the  syndicate  with  an  offer 
to  purchase.  In  every  case  about  the  following  stereotyped  conversation  would 
take  place : 

"I  see  that  you  have  just  paid  up  on  your  timber  claim — would  you  like  to 
sell  it  ?"  inquired  the  suave  agent. 

"I  hadn't  thought  much  about  it."  responded  the  timber  claimant,  with  an 
air  of  assumed  surprise,  although  it  was  notorious  that  he  had  filed  on  the  land 
for  the  benefit  of  the  agent's  principals,  had  borrowed  money  from  the  bank  with 
which  to  pay  for  it,  that  he  knew  had  been  deposited  there  by  the  man  who  was 
now  negotiating  with  him,  and  he  was  aware  also  that  his  whole  conversation  on 
the  subject  with  this  individual  was  a  lot  of  horse  play  that  had  been  rehearsed 
beforehand  many  times. 

"Well,  I  am  buying  up  a  few  of  these  claims,  and  if  you  care  to  sell  I 
will  give  you  $600  for  yours." 

The  bargain  is  struck  forthwith,  and  they  repair  to  a  convenient  notary, 
where  the  entryman  transfers  all  his  right,  title  and  interest  to  some  person  or 
persons  designated  by  the  agent,  and  receives  in  payment  therefor  the  note  and 
mortgage  he  had  given  the  bank  less  than  20  minutes  previously,  besides  the  dif- 
ference in  coin,  and  the  iniquitous  deal  was  concluded. 

Another  glaring  fraud  that  came  under  my  observation  while  at  Susanville 
was  the  case  of  16  locators  who  had  gone  to  the  Big  Meadows  country,  a  dis- 
tance of  35  miles,  for  the  purpose  of  making  personal  examination  of  each  legal 
subdivision  in  order  that  they  might  "prove  up"  on  their  claims.  The  executive 
proclamation  suspending  entries  in  the  Susanville  district  permitted  final  proofs 
to  be  made  in  every  instance  where  the  preliminary  steps  of  that  character  had 
been  taken,  and  it  was  essential  that  the  two  necessary  witnesses  should  be  pre- 
pared to  testify  that  they  were  personally  familiar  \vith  each  legal  subdivision 
contained  in  the  particular  entry  for  which  they  were  witnesses.  Usually  where 
a  number  of  persons  located  in  a  group  this  way.  they  would  act  as  witnesses 
for  each  other,  and  the  case  at  issue  was  no  exception. 

They  left  Susanville  early  one  morning,  and  returned  the  following  even- 
ing, having  traveled  70  miles  over  a  rough  mountainous  road,  and  during  their 
absence  were  presumed  to  have  made  personal  inspection  of  16  quarter  sections 
of  land  scattered  over  several  distinct  townships,  miles  apart,  and  situated  in  the 

Page   424 


T2/N 


M.D.M. 


Scope  of  operations  of  the  timber  thieves  in  a  highly  mineralized  township  of  Plumas  County,  California.  Shaded  portions 
indicate  the  extent  afforest  reserve  selections  filed  during  1902  by  Jacob  H.  Cook  in  the  interest  of  Wheeler  Brothers 
eastern  timber  land  sharks.  In  some  instances  unpatented  mining  claims  that  had  been  worked  for  years  were 
embraced  in  these  selections.  The  patented  claims  are  shown  completely  surrounded  by  forest  lieu  selections.  A 
special  agent  of  the  General  Land  Office,  who  is  known  to  have  accepted  money  from  Fred  A.  Kribs,  reported  that 
he  was  unable  to  find  any  traces  of  mineral  in  this  township.  The  official  survey  was  approved  by  the  United  States 
Surveyor  General  March  21,  1885,  and  contains  a  note  to  the  effect  that  '  'Deputy  Surveyor  D.  C.  Hall  states  in  the 
general  description  of  this  township  that  placer  mining  is  carried  on  quite  extensively  in  the  same.  " 

midst  of  the  forest  where  fallen  trees  interfered  with  locomotion  away  from  the 
roads  to  such  an  extent  that  it  was  practically  impossible  to  make  any  progress 
with  a  vehicle.  And  yet  those  16  persons  went  before  the  Register  of  the  United 
States  Land  Office  upon  their  return,  and  with  hands  uplifted  to  high  heaven, 
solemnly  swore  that  they  had  just  passed  over  each  and  every  legal  subdivision 
embraced  in  the  different  entries,  knowing  full  well  that  they  were  committing 
perjury,  and  that  to  do  what  they  had  just  sworn  they  had  done,  would  have  in- 
volved at  least  a  week's  effort. 

I  remained  in  Susanville  several  days,  gathering  much  valuable  information 
concerning  the  operations  of  the  land  grabbers.     None  of  the  dummy  locators 


Page   425 


Scene  in  the  United  States  Land  Office  at  Susanrille,  California,  during  the  great  rush  for  timber 

claims  in  1902.     S.  G.  Ruby,  Special  Inspector,  Interior  Department,  is  standing 

in  window,  with  hat  on.      Officials  of  the  Land  Office  are  also  shown 

seemed  disposed  to  know  or  care  who  or  what  I  was.  or  anything  about  my  mis- 
sion, openly  discussing  the  ruling  prices  for  making  these  timber  entries  pretty 
much  in  the  same  manner  that  Wall  street  brokers  would  talk  about  the  rise  and 
fall  of  the  stock  market. 

One  man  was  particularly  jubilant  Over  the  fact  that  he  had  secured  the 
top  figure — S300  bonus — not  only  for  himself  and  wife,  but  for  his  two  daughters 
as  well,  and  was  returning  to  his  Wisconsin  home  SI 200  better  off  than  when 
he  came  out.  in  addition  to  having  the  expenses  of  a  three  weeks'  vacation  trip 
paid  by  the  syndicate  that  had  corrupted  himself  and  those  supposed  to  be  dear 
to  him. 

Another  person,  of  the  Hebrew  persuasion  from  San  Francisco,  was  be- 
moaning his  ill-luck  in  having  got  caught  in  the  President's  order  of  suspension 
before  having  a  chance  to  locate  his  entire  family  on  timber  claims.  It  was  amus- 
ing to  hear  him  carry  on  about  the  matter,  and  in  the  bitterness  of  his  heart,  ev- 
ery branch  of  the  Government,  from  the  Chief  Executive  down,  came  in  for  a 
share  of  condemnation  in  having  deprived  him  of  the  divine  privileges  of  earning 
a  few  dishonest  dollars. 

It  was  apparent  after  my  investigation  of  the  records  of  the  Susanville 
Land  Office,  as  well  as  from  what  I  already  knew  about  the  affairs  of  the  Marys- 
ville  Land  Office,  and  from  what  I  afterwards  found  out  in  connection  with  the 
situation  at  the  Redding  Land  Office,  that  the  timber  lands  of  Northern  Cali- 
fornia were  being  systematically  absorbed,  principally  in  the  interest  of  Thomas 
B.  Walker,  of  Minneapolis.  Minnesota :  D.  G.  Curtis.  E.  S.  Collins  and  Charles  H. 
Holbrook,  of  San  Francisco,  comprising  the  firm  of  Curtis.  Collins  &  Holbrook 
Company :  W.  E.  Wheeler,  of  Wheeler  Brothers.  New  York  capitalists,  and  the 
Diamond  Match  Company,  which  holds  a  complete  monopoly  upon  its  special 
production.  The  latter  concern  has  since  erected  an  immense  plant  in  Butte 

Page  426 


The  trail  of  the  timber  thieves  led  from  the  Susanville,  California,  Land  Office  to  the  Big  Meadows 

Country,  through  Fredonia  Pass,  which  is  shown  above.     In  the  early  days  this  was  one  of  the 

most  dangerous  routes  in  the  Sierra  Nevada  Mountains,  on  account  of  Indian  depredations 

county,  capable  of  supplying  the  markets  of  the  world,  besides  establishing-  the 
town  of  Stirling  on  its  holdings.  It  has  proceeded  along  scientific  lines  in  the 
care  and  management  of  its  property,  and  by  purchase  from  private  ownership, 
and  through  other  sources,  has  acquired  a  body  of  magnificent  timber,  aggregat- 
ing more  than  75,000  acres. 

Of  all  those  who  profited  by  the  efforts  to  gobble  up  immense  tracts  of 
the  public  domain,  it  may  be  said  in  justice  to  the  Diamond  Match  Company  that 
it  was  the  only  one  of  the  quartet  of  plunderers  that  has  since  proven  of  any 
special  benefit  to  the  community.  This  corporation  has  gone  ahead  and  done 
something  tangible,  and  by  its  fixed  purpose  of  industry  has  earned  the  gratitude 
of  the  community,  while  the  others  have  been  merely  a  detriment  to  the  develop- 
ment of  the  country  so  far  as  any  practical  benefits  are  concerned.  Their  broad 
domains  are  lying  idle  today,  and  are  rendering  to  humanity  no  more  legitimate 
returns  than  are  embodied  in  the  growth  of  a  cancer. 

I  found  conditions  at  the  Redding  Land  Office  similar  to  those  existing 
at  Susanville,  with  the  exception  that  there  was  no  suspension  of  public  entries. 
In  consequence  timber  filings  and  forest  reserve  lieu  selections  were  pouring  in 
by  the  hundreds,  and  an  extra  force  was  required  to  handle  the  increased  business. 

In  Township  28  North,  Range  3  East,  Mt.  Diablo  Base  and  Meridian,  the 
Curtis,  Collins  &  Holbrook  Company  made  a  forest  reserve  lieu  selection  em- 
bracing nearly  13,000  acres,  and  when  it  is  considered  that  an  entire  township  of 
thirty-six  square  miles  contains  but  23,040  acres,  it  can  be  readily  perceived  that 
some  of  the  big  thieves  of  ancient  history,  were  they  in  any  position  to  express 
an  opinion  upon  the  subject,  would  feel  amazed  at  their  own  moderation. 

Not  being  particularly  concerned  in  the  raids  that  were  being  made  upon 
Government  lands  other  than  to  endeavor  to  protect  the  mining  interests  there- 
Page  427 


Camel's  Peat,  Plmmas  County,  California,  in  the  heart  of  a  rich  mining  district  that  was 
the  prey  of  the  timber  thieves.     From  a  point  thirty  miles  distant 


from  as  far  as  possible,  I  paid  no  especial  heed  to  the  number  or  extent  of  fraud 
ulent  timber  entries  in  any  of  the  land  districts.  It  was  none  of  my  business  to 
undertake  to  expose  any  of  these  fraudulent  transactions,  and  I  exceeded  my 
authority  in  doing  so ;  but  the  methods  of  these  looters  were  too  rank  to  go  un- 
noticed altogether,  and  I  considered  that  one  of  the  fundamental  aids  to  my 
own  cause  was  in  pointing  out  the  manifest  weaknesses  of  those  I  was  seeking  to 
deter  from  menacing  the  mining  industry. 

There  is  nothing  quite  so  effective  in  the  suppression  of  vice  or  wrong- 
doing in  any  form  as  wholesale  exposure.  Turn  on  the  light  of  publicity  and 
there  is  a  general  scurrying  to  cover  of  every  instinct  of  rascality.  I  never  knew 
it  to  fail,  and  the  present  instance  was  no  exception. 

At  Redding  I  wrote  a  full  report  of  my  observations  to  State  Mineral- 
ogist Anbury,  covering  all  phases  of  the  situation,  and  containing  about  10,000 
words.  It  was  not  only  given  a  wide  range  of  publicity  through  all  the  San 
Francisco  newspapers,  but  copies  were  sent  to  President  Roosevelt,  Secretary  of 
the  Interior  Hitchcock,  Commissioner  of  the  General  Land  Office  Hermann, 
besides  various  civic  organizations,  including  the  Sacramento  Valley  Development 
Association,  which  had  all  along  been  a  staunch  ally  of  the  State  Mining  Bureau 
in  its  efforts  to  prevent  the  iniquitous  absorption  of  mining  claims  by  timber 
speculators,  and  to  suppress  fraudulent  land  operations  of  whatsoever  character. 
In  addition,  copious  extracts  from  the  report  were  made  by  the  interior  press  of 
California,  and  for  months  its  contents  formed  the  subject  matter  for  wide 
discussion. 

Soon  after  returning  to  San  Francisco  from  my  trip,  in  the  early  part  of 
December,  1902.  I  was  informed  by  Mr.  Anbury  that  Ex-Governor  Andrew 

Page  428 


H.  H.  Yard,  the  "frenzied"  mineral  locator,  who  blazed  the  way  for 

the  coming  of  the  Western  Pacific  Railroad  by  filing  on  265,000 

acres  of  valuable  timber  lands  in  Butte,  Plumas  and 

Lassen   Counties,  California,  under  the  placer 

mining  laws  of  the  United  States 


H.  Burke,  of  Colorado,  then  acting  as  Inspector  of  United  States  Surveyor-Gen- 
erals and  District  Land  Offices,  had  been  sent  out  by  Commissioner  Hermann  for 
the  purpose  of  investigating-  my  charges  against  the  officials  of  the  Marysville 
Land  Office,  and  was  desirous  of  consulting  me  upon  the  subject.  A  meeting 
was  arranged  accordingly  for  the  next  morning,  and  the  first  remark  Inspector 
Burke  made  to  me  after  our  formal  introduction  was : 

"Just  see  what  you  have  gone  and  done,  Mr.  Stevens, — you  are  going  to 
make  me  lose  my  Christmas  turkey !"  and  his  face  assumed  a  look  of  woe  that 
was  sad  to  contemplate. 

He  had  figured  on  reaching  Denver  on  Christmas  day,  and  had  allotted 
his  limited  time  in  accordance  with  this  idea  when  unexpectedly  called  on  by  his 
superior  officer  to  attend  to  a  pressing  official  duty. 

Page  429 


Gibsonville,  Sierra  County,  California,  where  the  lynch  law  spirit  was  aroused  against  the 
Strippers.     Plumas  T.  Turner,  the  first  white  person  born  in  Plumas 

County,  is  shown  in  the  background 


Here  was  a  man.  occupying  one  of  the  most  important  Federal  positions 
within  the  gift  of  political  pull,  who  was  worrying  for  fear  he  would  not  get 
home  in  time  to  partake  of  Christmas  cheer. 

A-  I  regarded  him  standing  there,  holding  in  his  hand  a  telegram  from 
Commissioner  Hermann  instructing  him  to  interview  me  relative  to  my  specific 
charges  against  the  Marysville  I^and  Office,  with  his  monstrous  paunch  pro- 
truding in  a  mute  appeal  for  the  good  things  of  life,  and  overshadowing  all 
demands  of  official  duty,  I  could  not  help  wondering  if  it  ever  occurred  to  him 
that  perhaps  some  of  the  old  miners  up  in  the  mountains  were  worrying  about 
their  homes,  and  I  could  not  see  how  he  could  relish  his  Christmas  turkey  when 
the  feast  was  haunted  by  any  such  apparition. 

I  could  not  help  thinking  about  the  kind  of  a  show  the  miners  would  have 
in  the  adjudication  of  their  rights  as  against  the  wholesale  wrongs  of  the  ricli 
timber  thieves,  especially  with  such  a  man  sitting  in  judgment  upon  the  issues 
involved ;  and  as  I  remembered  some  of  the  sorrowful  tales  that  had  been  related 
to  me  by  men  who  had  passed  the  best  years  of  their  lives  in  developing  their 
claims,  inspired  by  the  hope  of  some  day  striking  it  rich,  only  to  be  rudely 
awakened  by  the  coming  of  the  looters,  it  made  my  blood  boil  to  think  that  they 
were  at  the  mercy  of  one  whose  belly  outweighed  every  consideration  of  justice. 

Inspector  Burke  visited  Marysville  and  remained  one  day.  taking  his  de- 
parture with  such  vivid  promptness  that  he  was  enabled  after  all  to  make  close 
connections  on  his  Christmas  turkey.  \Yhether  he  went  near  the  Land  Office  or 
not,  is  a  mooted  question,  but  in  any  event  he  submitted  a  report,  based  upon 
conclusions  after  a  few  hours  of  observation,  and  passed  judgment  upon  findings 
that  had  taken  me  several  days  to  reach.  My  experience  with  matters  relating  to 

Page  430 


the  public  domain  covered  a  period  of  more  than  20  years,  while  all  that  Burke 
did  not  know  about  Land  Office  records  would  make  a  book  of  such  huge  pro- 
portions that  this  volume  would  resemble  a  vest  pocket  edition  of  a  postage  stamp 
in  comparison.  And  yet,  he  had  the  audacity  to  say  in  his  report  to  the  Com- 
missioner of  the  General  Land  Office  that  my  charges  were  based  upon  personal 
prejudice  against  the  Land  Office  officials. 

Before  he  left  for  Marysville  I  had  given  him  a  written  memoranda  at 
his  request,  telling  him  where  he  could  find  each  book  bearing  upon  my  charges, 
but  if  he  ever  went  near  the  office  he  certainly  made  no  personal  examination 
for  the  simple  reason  that  it  would  have  been  a  physical  and  mental  impossibility 
for  him  to  have  done  so  in  the  limited  time  he  took  from  his  turkey. 

So  far  as  any  prejudice  against  the  Land  Officials  is  concerned,  I  never 
met  any  of  them  prior  to  my  inspection,  and  the  only  acquaintance  I  had  there 
was  with  Attorney  Charles  E.  Swezy,  hitherto  referred  to,  who  had  been  asso- 
ciated with  me  at  Bakersfield,  Cal.,  in  the  fight  against  the  oil  men,  and  had  I 
been  inclined  to  favor  anybody  it  most  certainly  would  have  been  one  with  whom 
I  had  long  been  on  terms  of  intimate  friendship. 

Commissioner  Hermann  sustained  Inspector  Burke  in  his  report,  and  then 
the  officers  of  the  State  Mining  Bureau  got  exceedingly  busy.  Most  of  them 
had  personal  knowledge  that  my  charges  were  true,  and  President  William  C. 
Ralston,  of  that  institution,  declared  war  on  the  whitewashing  policy  of  the  Land 
Department.  He  went  to  Washington  forthwith,  and,  accompanied  by  United 
States  Senator  George  C.  Perkins,  of  California,  called  upon  Commissioner 
Hermann,  and  endeavored  to  dissuade  him  from  perpetrating  a  wrong  by  uphold- 
ing Burke's  false  findings. 

They  received  a  most  frigid  reception  from  Hermann,  so  it  is  said,  and  in 
view  of  subsequent  events  connecting  the  ex-Land  Commissioner  with  Oregon 
indictments  for  complicity  in  the  frauds,  the  action  of  Hermann  is  not  at  all 
surprising.  It  would  never  do  to  let  the  light  of  day  shine  on  any  transaction 
where  he  was  liable  to  be  concerned,  and  so  the  head  of  the  public  land  service 
sought  in  every  way  possible  to  stave  off  what  he  must  have  then  realized  was 
the  judgment  day.  That  accounts  for  his  motive  in  frowning  on  every  effort  to 
probe  for  the  facts. 

He  reckoned  without  his  host,  however,  in  his  dealings  with  Ralston. 
That  individual,  famed  for  his  aggressive  spirit,  was  all  the  more  determined 
to  sift  the  matter  to  the  bottom,  with  the  result  that  he  succeeded  in  interesting 
President  Roosevelt  upon  the  subject.  In  response  to  the  Chief  Executive's  direc- 
tion, Secretary  Hitchcock  dispatched  S.  G.  Ruby,  Special  Inspector  of  the 
Interior  Department,  and  a  man  in  whom  he  had  the  most  implicit  confidence, 
to  the  scene,  and,  after  making  a  thorough  investigation,  Mr.  Ruby  sustained  me 
in  every  particular. 

One  of  the  fruits  of  Ruby's  report  was  the  enforced  retirement  of  F.  E. 
Johnson  as  Register  of  the  Marysville  Land  Office  as  soon  as  his  term  of  office 
expired  a  short  time  after  these  occurrences ;  and  the  following  Associated 
Press  dispatch,  taken  from  the  San  Francisco  Bulletin  of  November  11,  1903. 
tells  its  own  story  as  to  what  happened  to  Burke : 

LAND  AGENT  BURKE  IS  ALLOWED  TO  RESIGN. 


Secretary  of  the  Interior  Was  Dissatisfied  With  the  Work  Done  in  the  Marys- 
ville Land  Fraud  Cases. 


Washington,  Nov.  11. — The  Secretary  of  the  Interior  today  accepted  the  resigna- 
tion of  Andrew  H.  Burke,  a  former  Governor  of  North  Dakota,  who  went  to  California 
some  months  ago  under  appointment  of  the  then  Land  Commissioner  Hermann  to  inves- 
tigate the  alleged  land  frauds  in  the  Marysville  district.  It  was  said  at  the  Interior  De- 
partment that  Mr.  Burke  would  have  been  removed  had  he  not  resigned.  The  reason 
is  that  Secretary  Hitchcock  was  dissatisfied  with  the  report  Burke  made  of  the  investi- 

Page   431 


Edward  H.  Benjamin,  who  used  his  position  as  Secretary  of  the  California  Miners' 
Association  to  further  the  interests  of  the  H.  H.  Yard  placer  mining  locations 


gations  at  Marysville.  That  report  practically  whitewashed  the  whole  business,  and  since 
it  was  made  the  Interior  Department  had  found  there  have  been  extensive  frauds  through- 
out the  district,  and  that  Burke  failed  signally  to  discover  them. 

Nor  was  the  enforced  retirement  of  Register  Johnson  and  Inspector  Burke 
the  only  fruits  of  the  exposure  of  affairs  at  the  Marysville  Land  Office.  It  was 
practically  the  beginning  of  the  friction  between  Secretary  of  the  Interior  Hitch- 
cock and  Commissioner  of  the  General  Land  Office  Hermann,  which  culminated 
in  the  latter's  expulsion  from  the  position,  and  the  appointment  of  W.  A.  Richards 
to  fill  the  place. 

After  Hermann's  peremptory  removal  as  head  of  the  Land  Department, 
he  retired  to  private  life,  but  at  the  next  election  sought  vindication  at  the  hands 
of  the  people  of  his  Congressional  district,  which  was  accorded  him  in  a  manner 
that  must  have  been  extremely  gratifying  to  his  personal  vanity,  as  he  was  elected 
by  a  large  majority.  The  campaign  was  productive  of  some  dark  hints  of  Her- 
mann's un worthiness,  but  these  rumors  had  little  effect  upon  the  opinions  of 
voters. 

What  added  to  the  popularity  of  the  ex-Land  Commissioner  was  the  fact 
that  while  making  his  canvass  during  the  summer  of  1903,  President  Roosevelt 
visited  Oregon  in  the  course  of  a  tour  of  the  Pacific  Coast,  and  upon  this 
occasion  Mr.  Hermann  practised  the  clever  deception  that  is  referred  to  hereto- 
fore, wherein  the  disgraced  former  Land  Commissioner  succeeded  in  having 
himself  photographed  with  the  President  on  the  rear  platform  of  the  Presidential 
train. 

In  the  course  of  a  recent  interview  with  a  St.  Paul  newspaper,  Thomas  B. 
Walker  rushes  to  the  aid  of  down-trodden  millionaires  in  this  fashion : 

"Hill  is  entitled  to  10,000  times  more  credit  for  his  work  in  the  Northwest  than  is 
William  Van  Home  and  other  men  who  have  played  similar  parts  in  Canada.  Yet  Van 
Home  and  some  of  his  associates  have  been  knighted  and  honored  by  the  British  govern- 
ment and  Hill  is  attacked  and  condemned  by  the  farmers  of  the  Northwest.  As  a  matter 
of  fact  the  Hill  merger  of  the  Northern  Pacific,  Great  Northern  and  Burlington  was  the 
only  thing  which  prevented  St.  Paul  and  other  Minnesota  cities  from  becoming  mere  way 
stations  on  transcontinental  lines  owned  and  controlled  by  Harriman. 

"One  of  the  best  citizens  in  the  United  States  is  John  D.  Eockefeller.  He  is 
honorable,  just  and  fair.  He  is  a  good  Christian.  There  is  no  better  thumbed  Bible  in 
the  country  than  that  of  the  oil  king.  He  knows  and  loves  the  Scriptures.  And  yet  how 
he  is  reviled  by  the  unthinking!" 

It  was  during  my  trip  through  the  northern  counties  of  California  for 
-the  State  Mining  Bureau  that  I  became  cognizant  of  one  of  the  most  brazen  at- 
tempts to  grab  a  large  body  of  public  and  private  land  that  ever  came  under  my 
observation.  My  attention  was  first  called  to  the  situation  while  at  Oroville, 
which  seemed  to  have  been  the  head  center  of  the  scheme,  as  the  idea  originated 
there,  and  it  was  at  this  place  where  most  of  its  leading  promoters  resided.  In 
brief,  the  proposition  was  for  eight  men  to  file  on  twenty  acres  of  land  each  un- 
der the  United  States  placer  mining  laws,  pooling  their  issues  in  a  single  claim 
of  160  acres,  and  continuing  in  this  manner  until  they  had  secured  all  the  land 
they  required  for  their  purposes.  By  this  method  they  could  apparently  locate 
the  entire  universe,  or  at  least  that  portion  of  it  within  the  jurisdiction  of  Uncle 
Sam,  as  the  statutes  governing  mineral  entries  seemingly  place  no  limit  upon  the 
number  of  claims  eight  persons  could  thus  locate. 

At  all  events,  I  ascertained  that  H.  II.  Yard,  J.  P.  Cleary,  W.  Haines,  F. 
E.  Emlay,  N.  J.  Conover,  R.  T.  Hall,  W.  E.  Allen  and  W.  S.  Jackson  had 
already  filed  upon  more  than  100,000  acres  in  Butte  and  Plumas  counties  by 
this  process,  with  several  counties  yet  to  hear  from ;  and  it  developed  afterward 
that  they  increased  their  holdings  to  upward  of  265,000  acres  before  their  lust 
for  land  had  been  fully  satisfied. 

Cleary,  Haines,  Emlay,  Conover,  Allen  and  Jackson  were  all  residents  of 
Xew  Jersey,  Pennsylvania  and  New  York,  while  Yard  and  Hall  claimed  Oroville 
as  their  legal  place  of  abode. 

Page   433 


Although  the  placer  mining  laws  in  themselves  placed  no  obstacle,  appar- 
ently, in  the  way  of  a  group  of  locators  securing  an  almost  endless  quantity  of 
land  by  this  method,  as  a  matter  of  fact,  the  decisions  of  the  higher  courts  of 
various  States  took  a  different  view  of  the  matter.  Here  is  how  the  tribunals 
ruled  in  several  well-known  ca  .» 

"A  placer  location,  even  though  taken  by  legal  subdivisions,  is  required  by  law 
to  be  staked  or  marked  on  the  ground.'' — Gregory  vs.  Pershbaker;  73.  CaL,  109. 

"The  location  of  placer  claims,  using  the  names  of  persons  as  co-locators  who  are 
not  intended  to  have  any  real  interest,  but  who  are  to  convey  the  rights  after  location 
(commonly  called  dummy  locators)  is  a  fraud  upon  the  Government." — Mitchell  vs.  Cline; 
84,  Cal..  409. 

•  •  A  mere  posting  of  notice  on  a  ridge  of  rocks  cropping  out  of  the  earth,  or  on 
other  ground,  that  the  poster  has  located  thereon  a  mining  claim,  without  any  discovery  or 
knowledge  on  his  part  of  the  existence  of  metal  there  or  in  its  immediate  vicinity,  would 
be  justly  treated  as  a  mere  speculative  proceeding,  and  would  not  of  itself  initiate  anv 
right.  There  must  be  something  beyond  a  mere  guess  on  the  part  of  the  miner  to 
authorize  him  to  make  a  location  which  will  exclude  others  from  the  ground,  such  as 
the  discovery  of  the  precious  metals  in  it.  or  in  such  proximity  to  it  as  to  justify  a  reason- 
able belief  in  their  existence." — Erhardt  vs.  Boaro;  113.  U.  S..  527. 

Beginning  at  a  point  a  few  miles  north  of  Oroville,  the  foregoing  loca- 
tors had  filed  on  a  strip  of  land  for  five  miles  on  either  side  of  the  North  Fork  of 
the  Feather  river  to  its  intersection  with  the  east  branch  of  the  stream ;  thence 
along  the  latter  to  the  town  of  Shoo  Fly,  in  Plumas  county,  where  Spanish  Creek 
empties  into  the  east  branch  of  Feather  river.  Later  they  continued  their  opera- 
tions by  covering  practically  all  the  territory  existing  between  that  point  and 
Beckwith  Pass,  in  spite  of  the  howl  of  disapproval  that  was  raised  against  their 
unwarranted  proceedings.  It  seems  they  took  scant  heed  of  existing  rights,  but 
filed  indiscriminately  over  everything  that  came  in  their  path,  including  private 
property  of  all  kinds,  patented  ground,  tracts  embraced  in  railroad  grants,  besides 
even-thing  else  that  got  in  their  way,  upon  the  broad  and  impartial  basis  that  all 
was  fish  that  came  to  their  nets. 

The  locations,  when  actually  made  in  the  field  by  Surveyor  B.  L.  McCoy 
and  his  crews,  comprised  the  posting  of  notices  on  contiguous  corners  of  quarter 
sections,  along  the  section  and  township  lines.  The  notices  were  on  printed 
blanks  of  the  simplest  form,  filled  in  with  the  legal  subdivisions  claimed,  and  with 
the  names  of  the  same  eight  locators  constantly  repeated,  except  in  a  few  instances. 
Two  witnesses  were  generally  provided  from  the  surveyor's  crew. 

A  close  inspection  of  the  ground  afterward  by  one  of  the  field  assistants 
of  the  State  Mining  Bureau  indicated  that  only  a  limited  portion  of  the  notices 
were  actually  posted,  the  balance  being  simply  "paper  locations'"  put  on  record 
but  not  placed  on  the  ground.  None  of  the  location  notices  recited  the  discovery 
of  mineral,  described  corner  stakes,  or  in  fact  carried  out  any  of  the  technical 
provisions  of  the  statutes. 

While  the  locations  were  manifest!}  invalid,  they  answered  the  scare- 
crow purpose  for  which  they  were  intended,  and  as  a  result  the  region  affected 
by  their  iniquitous  touch  has  ever  since  been  closed  to  prospectors  and  consequent 
mineral  development.  It  is  seldom  that  an  honest  miner,  intending  to  engage 
in  the  legitimate  calling  of  his  pursuit,  will  seek  to  enter  a  field  where  there  is 
strong  probability  of  endless  litigation ;  so  the  consequences  are  that  Yard  and  his 
associates  have  been  permitted  for  the  past  six  years  to  maintain  a  genteel  system 
of  blackmail  in  the  interest  of  the  Goulds. 

What  adds  to  the  shame  of  the  situation  is  the  fact  that  members  of  the 
California  Miners'  Association,  particularly  Edward  H.  Benjamin,  the  secretary 
of  the  latter  organization,  have  aided  and  abetted  the  scheme  to  tie  up  these  min- 
eral lands.  Yard  was  shrewd  enough  to  realize  that  it  was  necessary  to  secure 
the  sanction  of  some  similar  body  in  order  to  cloak  his  operations  with  the 
appearance  of  genuineness,  hence  made  Secretary  Benjamin  Yice-President  of 
the  "Xorth  California  Mining  Company,''  which  he  had  organized  also  as  one 

Page  434 


Thomas  B.  Walker,  the  millionaire  lumberman  of  Minneapolis,  Minnesota,  who  brought 

out  "dummy"  entrymen  from  the  East  in  carload  lots  for  the 

purpose  of  grabbing  the  forests  of  the  Sierras 


of  the  side  issues  to  his  wolf-in-sheep's-clothing  enterprises.  At  one  time  the 
California  Miners'  Association  exercised  considerable  influence  in  the  develop- 
ment of  the  mining  industry  of  the  State,  its  sessions  each  year  being  attended 
by  representative  miners  from  all  sections ;  but  greedy  commercial  instincts  got 
the  upper  hand  with  some  of  its  leading  members,  in  consequence  of  which  the 
organization  became  afflicted  with  dry  rot  and  gradually  'fell  into  decay.  In 
order  to  recuperate,  and  endeavor  to  recover  its  lost  position,  recourse  was  had 
in  a  cheap  initiation  fee,  so  that  for  $1  anybody  could  join,  with  the  result  that 
most  of  its  later  sessions  have  been  marked  by  the  presence  of  everybody  except- 
ing miners. 

Although  the  promoters  of  this  vast  system  of  mineral  locators  are  known 
to  have  expended  considerable  money  in  making  surveys  and  otherwise  perform- 
ing assessment  work  upon  their  daims,  it  soon  became  evident  that  the  mining 
feature  was  not  the  real  object  of  their  tremendous  activity,  and  in  my  report  to 
State  Mineralogist  Aubury  covering  their  operations  I  pointed  out  that  what 
they  were  doing  looked  very  much  as  if  they  were  paving  the  way  for  some  rail- 
way route. 

As  that  time  I  had  no  idea  of  the  magnitude  of  their  scheme,  nor  had 
anybody  else  save  those  on  the  inside,  my  theory  being  that  they  contemplated 
the  construction  of  some  local  electric  line  into  the  Big  Meadows  country  in 
order  to  tap  the  rich  timber  belt  of  the  region.  It  has  since  transpired,  however. 
that  Yard  and  his  associates  were  acting  in  the  interest  of  the  Goulds,  and  were 
merely  hewing  a  pathway  for  the  coming  of  the  \Yestern  Pacific,  the  new  trans- 
continental line  in  process  of  construction  at  the  present  time.  This  feature  of 
the  situation  is  covered  by  the  following  special  dispatch  appearing  in  the  Sac- 
ramento Evening  Bee  of  July  1,  1905 : 

OEOVILLE  (Butte  Co.),  July  1. — An  important  business  transaction  was  com- 
pleted here  this  morning,  when  the  interests  of  the  North  California  Mining  Company 
were  turned  over  to  the  Western  Pacific  Railway  Company.  The  North  California  Mining 
Company  was  organized  by  H.  H.  Yard,  who  located  about  800  mineral  claims  in  Butte 
and  Plumas  Counties.  As  Yard  was  known  to  be  Gould's  head  man.  and  Gould  was 
known  to  be  a  main  factor  in  the  Western  Pacific,  the  position  of  the  North  California 
Company  has  been  the  subject  of  considerable  speculation. 

Xi>  sooner  had  State  Mineralogist  Aubury  become  apprised  of  the  situa- 
tion through  the  medium  of  my  report  than  he  lost  no  time  in  endeavoring  to 
put  a  stop  to  the  scheme.  He  was  honest  enough  in  his  undertaking,  and  perhaps 
in  the  next  generation  or  so  the  Government  may  succeed  in  securing  the  can- 
cellation of  all  the  bogus  mineral  entries,  but  in  the  meantime  all  the  mischief 
has  been  done,  because,  through  their  bold  operations — paved  with  good  inten- 
tions, but  cleverly  masking  a  gigantic  fraud — the  originators  of  the  idea  have 
warded  off  all  interference  with  the  plans  of  the  Western  Pacific,  thus  enabling 
that  railway  corporation  to  secure  a  route  through  the  Sierra  Nevada  mountains 
second  to  none  in  the  matter  of  economic  grade. 

In  this  connection  I  cannot  refrain  from  printing  a  poem  written  by  Sam. 
C.  Dunham,  now  editor  of  the  Tonopah  Miner,  but  at  one  time  a  resident  of 
Xome,  Alaska.  It  expresses  the  idea  so  clearly  in  regard  to  the  abuses  of  the 
United  States  Placer  mining  laws  that  its  introduction  at  this  time  is  quite 
apropos.  While  it  relates  to  conditions  in  Alaska,  it  can  be  applied  to  almost  any 
public  land  State  in  the  Union : 


Page  436 


State  Mineralogist  Aulury  in  his  office 


Ofye  Cament  of  tl)e  O16  Sour 


I've  trudged,  and  I've  starred,  and  I've  frozen, 

All  over  this  white,  barren  land — 
U'Jierc  the  sea  stretches  straight,  white,  and  silent, 

Where  the  timberless  white  mountains  stand — 
From  the  white  peaks  that  gleam  in  the  moonlight, 

Like  a  garment  that  graces  a  soul. 
To  the  last  white  sweep  of  the  prairies, 

ll'here  the  black  shadows  brood  round  the  Pole. 

(Xow,  pray  don't  presume  from  this  prelude 

That  a  flame  of  poetical  fire 
Is  to  burst  from  my  brain  like  a  beacon, 

For  I've  only  been  tuning  my  lyre 
To  the  low,  sad  voice  of  a  singer 

Who's  inspired  to  sing  you  some  facts 
About  the  improvements  in  staking 

And  the  men  who  mine  with  an  a.r.  / 

I've  panned  from  Peru  to  Point  Barrow, 
But  I  never  located  a  claim 

Till  I'd  fully  persuaded  my  conscience 
That  pay  dirt  pervaded  the  same; 

And  this  is  the  source  of  my  sort- 
As  you  will  be  forced  to  agree, 

ll'hen  you  learn  how  relentless  Misfortune 
Has  dumped  all  her  tailings  on  me. 

I  worked  with  my  pardner  all  summer. 

Crosscutting  a  cussed  cold  creek, 
Which  we  never  once  thought  of  locating 

Unless  we  located  the  streak; 
And  when,  at  the  close  of  the  seaso)i. 

We  discovered  the  creek  was  a  fake. 
We  also  discovered  the  region 

Had  nothing  left  in  it  to  stake. 

ll'e  traversed  the  toe-twisting  tundra, 

Where  reindeer  root  round  for  their  feed, 
And  the  hungry  Laplanders  who  herd  them 

Devour  them  before  they  can  breed. 
Here  it  seemed  that  good  claims  might  be  plenty, 

And  -we  thought  we  would  stake  one — perhaps; 
But  we  found  to  our  grief  that  the  gulches 

Were  staked  in  the  name  of  the  Lapps. 

A  hundred  long  leagues  to  the  northn.'ard. 

O'er  the  untrodden,  sun-burnished  snow. 
U'e  struggled,  half -blind  and  half  famished, 

To  the  sea  where  the  staunch  whalers  go. 


Cament  of  tfye  016  Sour  ;!Dougl) 


W7?  found  there  broad  beaches  of  ruby 
And  mountains  with  placers  and  leads; 

But  all  save  the  sky  was  pre-empted 
By  salt-water  sailors  and  Swedes. 

Then  we  climbed  the  cold  creeks  near  a  mission 

That  is  run  by  an  agent  of  God, 
Who  trades  Bibles  and  prayer-books  to  heathens 

For  ivory,  sealskins,  and  cod. 
At  last  we  were  sure  we  had  struck  it, 

But  alas!  for  our  hope  of  reward— 
The  landscape  from  seabeach  to  sky-line 

Was  staked  in  the  name  of  the  Lord! 

We're  too  slow  for  the  new  breed  of  miners, 

Embracing  all  classes  of  men, 
Who  locate  by  power  of  attorney 

And  prospect  their  claims  with  a  pen; 
Who  do  all  of  their  fine  ivork  through  agents 

And  loaf  around  town  with  the  sports, 
On  intimate  terms  with  the  lawyers, 

On  similar  terms  with  the  courts. 

We're  scared  to  submission  and  silence 

By  the  men  the  Government  sends 
To  force  us  to  keep  lazv  and  order, 

While  they  keep  claims  for  their  friends, 
And  collect  in  an  indirect  manner 

An  exceedingly  burdensome  tax — 
Assumed  for  a  time  by  the  traders, 

And  then  transferred  to  our  backs. 

We  had  some  hard  knocks  on  the  Klondike 

From  the  Cub-lion's  unpadded  paws, 
And  suffered  some  shocks  from  high  license 

And  other  immutable  laivs; 
But  they  robbed  us  by  regular  schedule, 

So  we  knezv  just  what  to  expect, 
While  at  Nome  we're  scheduled  to  struggle 

Until  we're  financially  wrecked. 

I'm  sick  of  the  scream  of  the  Eagle 

And  laws  of  dishonest  design, 
And  I'm  going  in  quest  of  a  country 

Where  a  miner  can  locate  a  mine ; 
So  when  I  have  rustled  an  outfit 

These  places  will  know  me  no  more, 
For  I'll  try  my  luck  with  the  Russians 

On  the  bleak  Siberian  shore. 


PHOTOGRAPHIC  COPY  OF  LETTER  OF  INSTRUCTIONS  WRITTEN  BY  STATE  MINERAL- 
OGIST AUBURY  TO  HORACE  STEVENS  RELATIVE  TO  THE  BOGUS  YARD  PLACER 
MINING  CLAIMS  IN  BUTTE  AND  PLUMAS  COUNTIES,  CALIFORNIA. 


STATE  OF   CALIFORNIA 


•  <£o«fcrrnta  * 
jjtale  |tt       ureau 


WM.  O.  KAISTOM,    .     •     PHUOSITT. 
THOS.  B.  BISHOP.  vici-MtuoiKT. 


i/\^/flA~4/>$*i~^i.  <sCf         f£<~1s<*       <-A_/VvC/      .4    <^V—»^J> 


STATE  OF  CALIFORNIA 


*  (framwcnia  * 


WM.  O.  RALSTON.    •     •     PlIUlO 
TM09.  «.  BISHOP.  Viol-Paulo 
PRANK  MOHAQHAN, 
,»«ANK  Q.  DRUM, 
P.   H.   HARVEY. 


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.z 


Chapter  XXVIII 


Grist  of  the  Government's  land  fraud  mill  in  the  shape  of  indictments  and  convic- 
tions— How  the  famous  Federal  Grand  Jury  of  Oregon  put  a  stop  to  the 
reign  of  the  looters.  In  the  course  of  a  session  lasting  several  months, 
the  body  returns  numerous  indictments  covering  about  every  phase  of  the 
land  fraud  situation,  with  the  result  that  twenty-seven  persons  have  already 
been  convicted,  while  other  trials  arc  to  follow.  Resume  of  the  different 
cases,  shouting  social  status  of  most  of  those  involved. 

A'TER  the  confession  of  Puter,  following  his  conviction  in  the  11-7  case, 
at  the  request  of  Francis  J.  Heney.  Special  Assistant  to  the  United  States 

Attorney-General,  Judge  Charles  B.  Bellinger  reconvened  the  Federal  Grand 
Jury,  and  in  the  course  of  a  session  lasting  from  December  17,  1904,  to  April  8, 
1905,  and  for  a  few  days  in  August  and  September  of  that  year,  no  less  than 
twenty-six  indictments  were  returned  by  the  inquisitorial  body,  affecting  approx- 
imately 100  persons,  many  of  whom  were  prominent.  \Yithout  doubt,  the  op- 
erations of  this  Grand  Jury  were  the  most  important,  so  far  as  the  public  domain 
is  concerned,  of  any  similar  body  that  ever  assembled  in  the  United  States,  and 
its  acts  will  go  down  into  history  as  a  monument  to  the  overthrow  of  the  looters. 

Of  the  twenty  men  composing  the  body,  twelve  were  farmers,  two  were 
Portland  merchants,  two  were  capitalists,  while  one  fruit  grower,  one  stockraiser, 
one  hotel  keeper  and  a  laborer  made  up  the  remainder.  All  were  drawn  from 
different  sections  of  the  State,  twelve  counties  being  represented  in  the  panel. 

Too  much  praise  cannot  be  accorded  this  famous  body  for  its  earnest  efforts 
in  probing  the  corruptive  methods  employed  in  acquiring  title  to  the  Oregon  tim- 
ber lands.  By  process  of  fraud  of  various  kinds,  millions  of  acres  of  the  public 
domain,  comprising  practically  the  cream  of  an  immense  area,  had  passed  into 
the  hands  of  Eastern  speculators  and  large  lumber  syndicates,  whose  agents  had 
accomplished  their  base  designs  through  the  bribery  of  public  officials,  and  by 
other  corruptive  tactics  of  equal  degradation. 

The  Grand  Jury  was  made  up  entirely  of  a  class  of  men  engaged  actively 
in  various  industrial  pursuits  at  the  time  they  were  chosen  to  make  these  investi- 
gations. For  months  they  labored  incessantly  and  faithfully  at  great  financial 
sacrifice,  and  their  unselfishness  in  this  respect  should  earn  for  them  the  everlast- 
ing gratitude  of  all  good  citizens. 

Upon  the  temporary  adjournment  of  the  Federal  Grand  Jury  on  February 
13,  1905,  it  passed  this  set  of  resolutions: 

"Resolved,  by  the  Federal  Grand  Jury,  that  we  extend  our  sincere  thanks  to 
District  Attorney  Heney  for  the  uniform  kindness  and  courtesy  shown  this  body,  and 
commend  him  for  his  faithful  and  efficient  work  on  behalf  of  the  Government. 

"Resolved  that  a  copy  of  these  resolutions  be  presented  to  Mr.  Heney  with  the 
compliments  of  this  Grand  Jury. — W.  H.  H.  "Wade,  foreman;  John  W.  Jory,  secretary; 
L.  A.  Vogal,  W.  P.  Button,  Joseph  Fetzner,  George  Giustin.  Foster  Adams,  A.  Bettinger. 
A.  H.  Parsons,  George  D.  Feebler,  L.  R.  Ilerren,  F.  G.  Buffum,  L.  X.  Edwards.  William 
Shepherd,  John  Shaw,  J.  R.  Hays,  C.  Christiensen,  Joseph  Essner.  V.  W.  Robnett. 

Following  is  a  list  of  indictments  returned  by  the  body  during  1904  and 
1905.  Those  found  in  1906,  as  herewith  indicated,  were  the  acts  of  a  succeeding 
Grand  Jury: 

Xo.  2887 — Indictment  returned  December  23,  1904.  charging  Franklin  Pierce  Mays, 
Horace  G.  McKinley.  S.  A.  D.  Puter.  Marie  L.  Ware.  Emma  L.  Watson.  D.  W.  Tarpley 
and  Robert  Simpson  with  a  violation  of  section  5440,  being  conspiracy  to  defraud  the 
Government  out  of  the  title  to  public  lands  in  township  24  south,  range  1  east.  Willamette 
meridian. 

Page   442 


Those  involved  in  this  indictment  have  been  referred  to  with  such  fre- 
quency in  these  pages  that  no  extended  comment  is  necessary.  The  "Robert 
Simpson"  mentioned  was  a  fictitious  person.  While  the  primary  object  of  the 
indictment  was  to  bring-  F.  P.  Mays  within  the  meshes  of  the  law,  as  a  matter  of 
fact,  the  latter  was  tried  and  convicted  under  indictment  No.  2918,  known  as  the 
"Blue  Mountain  Forest  Reserve"  case,  and  there  is  not  much  likelihood  of  No. 
2887  ever  coming  to  trial. 

No.  2890 — Indictment  returned  December  27,  1904,  against  Salmon  B.  Ormsby, 
William  H.  Davis,  Clark  E.  Loomis,  Henry  A.  Young  and  George  Sorenson,  with  conspiracy 
under  section  5440  of  the  Eevised  Statutes,  to  defraud  the  Government  out  of  lands  in 
township  11  south,  range  7  east.  Consolidated  with  case  No.  2898,  alleging  conspiracy 
on  the  part  of  persons  named  with  Binger  Hermann,  S.  A.  D.  Puter,  Horace  G.  McKinley, 
Emma  L.  Watson,  Dan  W.  Tarpley,  Elbert  K.  Brown,  Mrs.  Nellie  Brown  and  Frank  H. 
Walgamot. 

The  most  interesting  figure  in  this  proceeding  is  Dr.  W.  H.  Davis,  the 
Mayor  of  Albany,  Ore.,  at  the  time  the  indictment  was  returned,  and  also  chair- 
man of  the  Republican  Central  Committee  of  Linn  County.  It  seems  he  under- 
took to  do  business  in  the  fated  township  11-7,  upon  practically  similar  lines  to 
the  system  pursued  by  Puter,  et  al.,  but  lacked  the  nerve  to  carry  the  scheme  into 
execution,  and  abandoned  the  attempt.  It  was  presumed  that  Binger  Hermann, 
while  Commissioner  of  the  General  Land  Office,  had  a  "stand-in"  on  the  propo- 
sition, by  reason  of  political  affiliations. 

No.  2891 — Indictment  returned  December  31,  1904,  against  Binger  Hermann,  charges 
him  with  conspiracy  to  secure  title  fraudulently  to  certain  public  lands. 

This  indictment  had  reference  to  the  part  Hermann  is  alleged  to  have 
played  in  the  efforts  of  Puter  to  have  the  patents  expedited  for  the  twelve  fraud- 
ulent homestead  entries  in  township  11-7. 

No.  2892 — Indictment  returned  December  31,  1904,  against  George  Sorenson,  charg- 
ing him  with  a  violation  of  section  5451  of  the  Eevised  Statutes,  in  offering  a  bribe  to 
John  H.  Hall,  then  United  States  Attorney. 

Sorenson  was  tried  upon  this  charge,  but  the  jury  failed  to  agree,  standing 
ten  for  conviction  and  two  for  acquittal  after  a  long  session.  Heney  accused  the 
two  recalcitrant  members  of  the  body  with  having  been  tampered  with  in  some 
way,  and  his  vehement  remarks  to  them  upon  the  subject  after  the  jury  had  been 
discharged,  provoked  considerable  applause  from  the  other  ten. 

No.  2895 — Indictment  returned  January  21,  1905,  charges  George  Sorenson  with 
perjury,  alleged  to  have  been  committed  in  connection  with  the  first  trial  of  the  foregoing 
case. 

No.  2897 — Indictment  returned  January  31,  1905,  against  Earl  Benson,  William  T. 
Nicholls,  O.  M.  Lawrence,  Hans  Wadtli,  Fred  Wadtli,  O.  J.  Mealey,  William  Mealey, 
John  Thompson  and  Eichard  Watkinds,  charging  them  with  a  violation  of  section  5399, 
Revised  Statutes,  in  having  threatened  Andy  Nicholls,  a  Government  witne'ss. 

The  defendants  in  this  case  were  fellow  "dummies"  of  Andy  Nicholls, 
having  been  involved  with  him  in  the  Townships  13  and  14  South,  Ranges  3  and  4 
East  deal,  wherein  the  Mealey  brothers  secured  a  large  tract  of  choice  timber  land 
for  C.  A.  Smith.  The  "faithful"  blamed  Andy  for  exposing  them  to  the  Govern- 
ment Secret  Service,  and  threatened  him  accordingly.  Heney  promptly  had  them 
all  indicted  and  placed  under  heavy  bonds  as  a  measure  of  precaution,  and  the 
photograph  of  Andy  Nicholls,  printed  elsewhere,  does  not  indicate  that  he  was 
cast  down  to  any  great  extent  by  reason  of  the  threats. 

No.  2912 — Indictment  returned  February  10,  1905,  against  Henry  Meldrum,  George 
E.  Wagoner,  David  W.  Kinnaird,  Benjamin  F.  Winton,  Gustave  Klaetsch,  George  Sorenson, 
Livy  Stipp  and  Frank  H.  Dungan,  charging  them  with  a  violation  of  section  5440, 
Revised  Statutes,  by  means  of  fraudulent  surveying  contracts. 

Page  443 


Meldrum  was  formerly  United  States  Surveyor-General  of  Oregon;  Kin- 
naird  was  a  Government  examiner  of  surveys;  Waggoner  was  chief  clerk  of  the 
Surveyor-General's  office  under  Meldrum ;  Winton  and  Klaetsch  were  contractors 
for  Government  surveys,  while  Stipp  and  Dungan  are  alleged  to  have  taken 
fraudulent  acknowledgements  in  connection  with  the  survey  .pf  certain  townships, 
both  being  notaries  public.  Meldrum  was  convicted  on  twenty-one  counts  of  an 
indictment  returned  by  a  previous  Grand  Jury,  and  is  now  doing  time  at  the 
Government  prison  on  McXeill's  Island. 

Xo.  2915 — Indictment  returned  February  13,  1905,  against  John  H.  Hall,  Henry 
Ford.  Harry  L.  Bees,  A.  P.  Caylor,  John  Cordano,  J.  H.  Hitchings,  John  Northrup  and 
Charles  F.  Lord,  charging  them  with  a  violation  of  section  5399,  Revised  Statutes,  in 
endeavoring  to  intimidate  an  officer  in  a  United  States  court  in  the  discharge  of  his  duty. 

Back  of  this  indictment  there  is  an  interesting  story.  It  is  claimed  that 
the  defendants  entered  into  a  conspiracy  to  bring  disrepute  upon  Heney  by 
having  him  involved  in  a  scandal  with  Marie  Ware.  Her  friend  Alice  White 
was  selected  to  carry  on  the  negotiations  with  Miss  Ware,  but  the  two  wromen 
lost  no  time  in  apprising  Heney  of  the  situation,  and  the  indictment  was  the  con- 
sequence. Hall  was  the  Ex-United  States  Attorney  whom  Heney  was  instru- 
mental in  having  dismissed  from  office ;  Ford  is  a  private  detective  of  Portland, 
Ore. ;  Rees  was  a  crooked  clerk  in  the  paymaster's  department  of  the  United 
States  army,  who  had  been  courtmartialed  for  some  of  his  delinquencies ;  Caylor 
was  a  professional  dead-beat ;  Cordano  a  deputy  sheriff  at  the  time ;  Hitchings,  a 
police  court  lawyer;  Xorthrup  a  hotel  keeper,  and  one  of  the  two  jurymen  who 
had  hung  the  jury  at  the  Sorenson  trial,  and  consequently  was  supposed  to  be 
burning  for  revenge  on  account  of  the  tongue-lashing  he  had  received  at  Heney 's 
hands  upon  that  occasion,  while  Lord  was  also  a  local  attorney  of  more  or  less 
reputation.  The  case  has  never  been  brought  to  trial,  and  the  proceedings  against 
Lord  have  been  dismissed. 

Xo  2909 — Indictment  returned  February  8,  1905,  against  George  C.  Brownell, 
charging  him  with  a  violation  of  section  5393,  Revised  Statutes,  by  instigating  Fred 
Sievers  and  John  A.  Rowland  to  perjure  themselves  before  the  Federal  Grand  Jury  at 
the  time  of  the  investigation  of  facts  bearing  upon  survey  contract  No.  732,  for  townships 
34,  35,  37  and  38  south,  and  ranges  28,  29  and  30  east,  W.  M. 

Brownell  for  many  years  was  one  of  the  political  leaders  of  Oregon,  and 
a  lawyer  of  no  mean  ability.  At  the  time  of  his  indictment  he  represented  Clack- 
amas  county  in  the  State  Senate,  and  at  one  time  was  president  of  the  body,  and 
mentioned  prominently  as  the  successor  to  John  H.  Hall  as  United  States  Attor- 
ney at  the  expiration  of  Hall's  first  term  of  office.  It  is  alleged  that  Hall  "killed 
him  off"  by  professing  to  have  knowledge  of  some  crooked  land  transaction  in 
which  P>rownell  is  alleged  to  have  figured,  hence  Senators  Mitchell  and  Fulton, 
both  of  whom  were  under  many  political  obligations  to  Brownell,  advised  the 
latter  to  keep  out  of  the  race.  Their  letter  upon  the  subject  is  printed  elsewhere. 
The  case  was  dismissed  on  Heney's  recommendation  soon  after  the  Hall  trial, 
the  Government  prosecutor  being  satisfied  that  Brownell  was  "innocent  of  the 
charges." 

No.  2911 — Indictments  returned  February  10,  1905.  charging  Winlock  W.  Steiwer, 
Hamilton  H.  Hendricks.  Clarence  B.  Zachary.  Adelbert  C.  Zachary.  Charles  A.  Watson. 
<  lytle  E.  Glass.  Binger  Hermann.  John  H.  Hall.  Edwin  Mays.  Franklin  P.  Mays.  Clark  E. 
Loomis  and  Edward  D.  Stratford  with  a  violation  of  section  5440,  Revised  Statutes,  being 
conspiracy  to  commit  an  offense  against  the  United  States  by  preventing  and  obstructing 
free  passage  over  certain  public  lands  in  townships  5,  6  and  7  south  and  range  19  east. 
and  townships  5,  6  and  7  south,  range  20  east,  through  the  maintenance  of  an  illegal 
enclosure  formed  out  of  a  line  of  illegal  homestead  entries. 

This  is  what  is  commonly  known  as  the  "Butte  Creek  Land.  Livestock  & 
Lumber  Company"  case,  and  involves  several  important  personages.  Steiwer 
is  a  man  of  considerable  wealth  and  prominence  in  the  community  where  he 

Page  444 


resides,  and  was  a  State  Senator  at  the  date  of  his  indictment.  He  is  heavily 
interested  in  mercantile  pursuits,  being  the  principal  owner  of  a  large  general 
merchandise  store  at  Fossil,  Ore.,  as  well  as  president  of  the  Butte  Creek  Land, 
Livestock  &  Lumber  Co.,  the  offending  corporation,  of  which  Hendricks  is  secre- 
tary and  general  manager,  C.  B.  Zachary  superintendent,  and  Glass  book- 
keeper. The  Mays  brothers,  as  well  as  Hall,  were  supposed  to  have  had 
guilty  knowledge  of  the  fraudulent  operations  of  the  company  while  they 
were  holding  official  positions  in  the  United  States  Attorney's  office,  and 
are  accused  of  overlooking  the  alleged  transgressions  for  obvious  reasons. 
Loomis  and  Stratford  were  also  special  agents  of  the  General  Land  Office,  who 
are  supposed  to  have  shut  their  eyes  to  what  was  going  on,  both  having  made 
investigations  and  reported  favorably  to  the  Department  at  Washington.  Her- 
mann was  charged  with  knowledge  of  the  offense,  while  A.  C.  Zachary  and 
Watson  were  supposed  "dummies."  The  issues  involved  have  resulted  already 
in  the  conviction  of  H.  H.  Hendricks,  Coe  D.  Barnard,  Charles  A.  Watson  and 
Clarence  B.  Zachary,  and  was  the  case  in  which  John  H.  Hall  was  convicted, 
February  8,  1908. 

No.  2918 — Indictment  returned  February  13,  1905,  against  Binger  Hermann,  John  N. 
Williamson,  Franklin  P.  Mays,  Willard  N.  Jones  and  George  Sorenson,  charging  them 
with  a  violation  of  section  5440,  Revised  Statutes,  by  entering  into  a  conspiracy  to 
defraud  the  United  States  out  of  the  possession  and  use  of,  and  title  to,  200,000  acres 
lying  in  different  states  and  territories,  by  means  of  a  fraudulent  plan  contemplating 
the  obtaining  of  title,  in  the  first  instance  to  150,000  acres  of  State  school  lands  in  Crook, 
Grant,  Harney,  Malheur,  Baker,  Union,  Umatilla  and  Wallowa  Counties,  through  the  use 
of  illegal  affidavits  and  applications  and  the  subsequent  inclusion  of  such  school  lands  in 
the  Blue  Mountain  Forest  Eeserve,  thus  creating  the  possibility  of  their  use  as  base  in 
exchange  for  valuable  timber  lands  under  the  lieu  land  act  of  June  4,  1897. 

This  is  the  famous  "Blue  Mountain  Forest  Reserve"  case,  and  was  the 
one  in  which  Mays,  Jones  and  Sorenson  were  convicted  on  September  13,  1906, 
after  a  trial  lasting  25  full  days,  with  evening  sessions.  By  stipulation,  it  had 
been  arranged  that  Hermann  should  first  be  tried  in  Washington,  D.  C.,  for  the 
alleged  destruction  of  33  letterpress  copybooks  belonging  to  the  General  Land 
Office,  of  which  charge  he  was  acquitted  in  April,  1907.  It  is  significant,  how- 
ever, that  Heney  did  not  prosecute  him  upon  this  occasion,  United  States 
Attorney  D.  W.  Baker,  of  the  District  of  Columbia,  appearing  for  the  Govern- 
ment, and  although  the  evidence  was  decidedly  strong  against  the  accused  ex- 
Commissioner  of  the  General  Land  Office,  a  jury  turned  him  loose. 

No  2938 — Indictment  returned  April  8,  1905,  charging  Charles  A.  Watson  with  a 
violation  of  section  5392,  Eevised  Statutes,  consisting  of  perjury  committed  in  swearing 
to  testimony  -given  in  his  final  homestead  proof  before  United  States  Commissioner 
James  S.  Stewart. 

The  defendant  in  this  case  was  convicted  on  August  8,  1906,  but  by 
reason  of  his  becoming  a  witness  for  the  Government  in  the  Zachary  case  follow- 
ing, and  confessing  that  he  had  been  induced  to  commit  perjury  in  making  a 
homestead  location  for  the  benefit  of  the  Butte  Creek  Land,  Livestock  &  Lumber 
Co.,  Judge  Hunt  suspended  sentence,  and  he  was  permitted  to  go  on  his  own 
recognizance.  Watson  was  a  herder  in  the  employ  of  the  corporation,  and  con- 
fessed on  the  stand  that  he  had  been  used  as  a  "dummy"  by  some  of  its  officials 
in  taking  up  a  homestead  claim  within  their  immense  illegal  inclosure  of  Govern- 
ment land  in  Wheeler  county,  Oregon. 

No.  2940 — Indictment  returned  April  8,  1905,  against  Frank  E.  Alley,  A.  E.  Downs, 
Edward  E.  Downs,  Eev.  Stephen  W.  Turnell  and  John  Doe,  charging  them  with  a  violation 
of  section  5440,  Eevised  Statutes,  by  participation  in  a  conspiracy  to  defraud  the  United 
States  out  of  public  lands  situated  in  township  28  south,  range  3  west,  Willamette 
meridian,  by  means  of  false  affidavits  and  proofs  of  homestead  entry  and  settlement  and 
through  false  affidavits  and  proofs  of  timber  entries. 

Page  445 


All  the  defendants  in  this  case  were  residents  of  Roseburg,  Oregon,  at 
the  time  they  were  indicted,  although  it  is  understood  that  the  Downs  brothers 
are  now  located  somewhere  in  Mexico.  They  were  timber  cruisers  of  the  South- 
ern Oregon  town,  while  Alley  is  a  well-known  searcher  of  records  and  land 
attorney  there,  and  Turnell  is  a  minister  of  the  gospel. 

No.  2941 — Indictment  returned  April  8,  1905,  charging  Coe  D.  Barnard  with  a  viola- 
tion of  sction  5392,  Revised  Statutes,  being  perjury  committed  in  swearing  to  testimony 
given  in  his  final  homestead  proof  before  United  States  Commissioner  James  S.  Stewart, 
as  witness  for  Charles  A.  Watson. 

Barnard  was  a  prosperous  stockraiser  of  Wheeler  county,  Oregon,  and  it 
was  claimed  that  he  was  a  frequent  witness  to  the  final  proofs  of  bogus  home- 
stead claims  made  in  the  interest  of  the  Butte  Creek  Land,  Livestock  &  Lumber 
Co.  He  was  found  guilty  by  a  jury  on  August  11,  1906,  and  sentenced  a  week 
later  to  two  years'  imprisonment  on  McXeill's  Island,  and  to  pay  a  fine  of  $2,000. 

No.  2899 — Indictment  returned  January  31,  1905,  against  Henry  W.  Miller,  Frank 
E.  Kincart,  Martin  G.  Hoge  and  Charles  Nickell.  charging  them  with  conspiracy  under 
section  5440,  Bevised  Statutes,  in  connection  with  the  filing  of  applications  under  the 
timber  and  stone  law  for  tracts  of  land  in  township  40  south,  range  3  west,  Willamette 
meridian. 

Xickell,  the  most  prominent  of  the  quartette  involved  in  this  indictment, 
was  the  publisher  of  two  newspapers  in  Southern  Oregon,  one  at  Medford  and 
the  other  at  Jacksonville.  He  also  held  the  office  of  United  States  Commissioner, 
and  it  was  through  his  connection  with  this  official  position  that  he  became 
involved  in  the  alleged  conspiracy.  Hoge  was  city  attorney  of  Medford,  and  was 
accused  of  using  his  influence  as  a  "booster"  for  the  fraudulent  scheme  of  Miller 
and  Kincart,  both  of  whom  were  timber  cruisers  of  unsavory  reputation.  The 
two  latter  pleaded  guilty  at  the  trial,  and  made  complete  confessions,  implicating 
Xickell  and  Hoge,  which  resulted  in  their  conviction  July  27,  1906.  Xickell  was 
given  13  months  on  McXeill's  Island,  while  Hoge  was  sentenced  to  four  months 
in  the  Multnomah  County  jail  and  to  pay  a  fine  of  $500.  After  serving  his 
sentence,  Hoge  took  the  "pauper  oath"  and  was  liberated.  Xickell's  case  is  on 
appeal. 

Xo.  2900 — Indictment  returned  January  31.  1905,  against  William  H.  Davis,  Mayor 
of  Albany,  Or.,  charging  him  with  a  violation  of  section  5392,  Revised  Statutes,  in  connec- 
tion with  testimony  given  by  him  at  the  time  of  making  final  proof  on  his  homestead 
entry  in  township  11-7. 

No  2907 — Indictment  returned  February  8,  1905.  against  Henry  Meldrum,  George 
E.  Waggoner.  David  W.  Kinnaird.  Rufus  S.  Moore,  John  W.  Hamaker  and  Frank  J.  Van 
Winkle,  charging  them  with  a  violation  of  section  5440,  Revised  Statutes,  being  con- 
spiracy to  defraud  the  United  States  by  means  of  false  and  fraudulent  surveying  con- 
tracts* covering  tracts  of  land  in  Ts.  27  S.,  Rs.  26.  27.  28.  29i.j.  29%  and  30  E.,  and 
adjacent  lands. 

No.  2908 — Indictment  returned  February  8,  1905,  charging  Hamilton  H.  Hendricks 
with  a  violation  of  section  5393,  Revised  Statutes,  with  suborning  George  W.  Hawk  to 
commit  perjury  in  giving  testimony  before  the  Federal  Grand  Jury  in  connection  with 
Hawk's  homestead  entry;  also  accusing  Hendricks  of  a  similar  offense  in  the  case  of  Home- 
stead Entryman  Clyde  Brown. 

No.  2942 — Indictment  returned  April  8,  1905,  against  James  Henry  Booth,  Receiver 
of  the  Roseburg  Land  Office,  charging  him  with  a  violation  of  section  1782,  Revised 
Statutes,  in  receiving  $800  as  compensation  for  furnishing  advance  information  illegally 
relative  to  the  cancellation  of  certain  land  entries  in  the  Roseburg  Land  District. 

No.  2943 — Indictment  returned  April  8,  1905,  against  Robert  A  Booth,  James 
Henry  Booth,  T.  E.  Singleton,  John  Doe,  Richard  Roe.  William  Roe  and  Thomas  Roe. 
charging  them  with  a  violation  of  section  5440,  Revised  Statutes,  conspiracy  to  defraud 
the  United  States  out  of  the  title  to  a  tract  of  public  land  through  the  use  of  false 
affidavits  and  proofs  of  homestead  entry  and  settlement  procured  to  be  made  by  I  Thomas 
Agee,  of  Mapleton.  Or. 

Robert  A.  Booth  is  vice-president  of  the  Booth-Kelly  Lumber  Company, 
and  at  the  time  of  his  indictment,  represented  Lane  County  in  the  State  Senate. 

Page  446 


No.  2944 — Indictment  returned  April  8,  1905,  against  James  Benson,  of  Cottage 
Grove,  Or.,  charging  him  with  a  violation  of  section  5392,  Eevised  Statutes,  consisting  of 
perjury  committed  in  giving  testimony  before  the  Federal  Grand  Jury  with  relation  to  a 
timber  and  stone  entry  made  by  him  for  a  tract  of  land  in  the  Eoseburg  Land  District. 

No.  2945 — Indictment  returned  April  8,  1905,  against  Clarence  B.  Zachary,  charging 
him  with  a  violation  of  section  5392,  Eevised  Statutes,  being  perjury  committed  in  giving 
testimony  before  United  States  Commissioner  James  S.  Stewart  as  witness  at  the  final 
homestead  proof  of  Charles  A.  Watson. 

No.  2984 — Indictment  returned  September  2,  1905,  under  section  5440,  Eevised 
Statutes,  charges  Claude  Thayer,  Clark  E.  Hadley,  Maurice  Leach,  Walter  J.  Smith, 
Thomas  Coates,  John  Tuttle,  Charles  E.  Hayes,  G.  O.  Nolan,  John  Doe  and  Eichard  Eoe 
with  conspiracy  to  defraud  the  United  States  out  of  several  thousand  acres  of  timbered 
lands  in  Tillamook  County,  Oregon. 

This  case  is  described  fully  in  Chapter  23. 

No.  2988 — Indictment  returned  September  2,  1905,  against  Herman  K.  Finch,  Thad- 
deus  S.  Potter,  Bert  Blauvelt,  John  Doe  and  Eichard  Eoe,  charging  them  with  a  violation 
of  section  5440,  Eevised  Statutes,  being  conspiracy  to  defraud  the  United  States  out  of 
two  quarter  sections  of  land  entered  by  Finch  and  Potter,  respectively,  under  the  Siletz 
homestead  act. 

No.  2991 — Indictment  returned  September  8,  1905,  against  C.  Sam  Smith  and  Dr. 
Van  Gesner,  charging  them  with  a  violation  of  section  5440,  Eevised  Statutes,  consisting 
of  conspiracy,  having  for  its  object  the  intimidation  of  certain  Government  witnesses 
called  to  testify  at  the  trial  of  the  case  of  the  United  States  vs.  J.  N.  Williamson 
and  others. 

Smith  was  sheriff  of  Crook  county,  Oregon,  during  the  Williamson  trial, 
and  was  accused  with  Dr.  Van  Gesner  with  having  attempted  to  intimidate  wit- 
nesses who  had  given  testimony  against  the  defendants  in  that  case. 

No.  3006 — Indictment  returned  September  15,  1905,  under  section  5440  of  the 
Eevised  Statutes  charges  Charles  A  Graves,  Erwin  N.  Wakefield,  Ora  L.  Parker  and 
Eobert  B.  Foster  with  conspiracy  to  defraiid  the  United  States  out  of  certain  tracts  of 
land  in  Crook  County,  Oregon,  by  means  of  false  and  fraudulent  sworn  statements  under 
the  timber  and  stone  act,  and  by  false  testimony  at  final  proof  in  connection  with  the 
same  land. 

No.  4849 — Indictment  returned  April  9,  1906,  against  Eichard  Jones,  William  H. 
Smith,  Jacob  C.  Cross,  David  E.  Goodwin,  Will  D.  Gould,  Frank  A.  Stewart,  William  T. 
Kerr,  John  E.  Miller,  Fred  W.  Dennis,  Eichard  Hynes,  H.  M.  Eiley,  Lee  K.  Myers,  George 
L.  Stearns,  Jeremiah  Huntley,  Amos  S.  Johnston,  Warren  Gillelen,  E.  W.  Kenny,  A.  H. 
Hedderly,  John  Doe,  Eichard  Eoe,  Eobert  Eoe,  Thomas  Eoe,  Annie  Eoe,  charging  them 
with  a  violation  of  section  5440,  Eevised  Statutes,  known  as  the  ' '  Los  Angeles  case. ' ' 

Richard  D.  Jones  and  William  H.  Smith,  of  San  Francisco,  formerly  of 
Portland ;  Jeremiah  Huntley,  formerly  United  States  Commissioner  for  Curry 
county;  Amos  S.  Johnston,  formerly  Deputy  County  Clerk  of  Curry  county; 
Frank  A.  Stewart,  merchant  of  Ophir;  William  T.  Kerr,  of  Coquille;  John  R. 
Miller,  of  Port  Orford;  Warren  Gillelen,  president  of  the  Broadway  Bank  & 
Trust  Company,  of  Los  Angeles;  R.  W.  Kenny,  cashier  of  the  same  institution; 
George  L.  Stearns,  ex-president  of  the  Pacific  Furniture  &  Lumber  Company,  of 
Los  Angeles;  Jacob  C.  Cross,  director  of  the  same  company;  David  M.  Goodwin 
and  A.  H.  Hedderly,  physicians  of  Los  Angeles;  Richard  Hynes,  M.  M.  Riley 
and  Lee  R.  Myers,  Los  Angeles  stock  brokers ;  Will  D.  Gould,  a  Los  Angeles 
attorney,  and  Fred  WT.  Dennis,  a  San  Francisco  broker  and  real  estate  dealer. 

All  of  the  men  named  in  the  indictment  are  accused,  under  section  5440  of 
the  revised  statutes,  of  conspiring  together  to  defraud  the  Government  of  im- 
mense acreage  in  Southern  Oregon.  The  conspiracy  is  alleged  to  have  commenced 
some  time  during  1901  and  to  have  been  effective  up  to  August  26,  1904.  The 
general  plan  of  the  scheme,  as  it  is  outlined  in  the  indictment,  is  very  similar  to 
those  of  the  other  two  large  land  fraud  indictments  that  were  returned  by  the 
grand  jury. 

Although  the  accused  men  are  said  to  have  gained  possession  of  only  about 
6000  acres,  it  is  alleged  that  the  original  conspiracy  had  a  much  broader  scope 
and  that  they  hoped  to  rob  the  Government  of  about  30,000  acres  of  rich  timber 

Page  447 


land.  The  land  which  they  now  have  in  their  possession  and  which  they  are 
charged  with  obtaining  through  fraudulent  methods  lies  in  a  contiguous  tract 
and  is  located  entirely  within  the  confines  of  Curry  county.  It  extends  along  the 
banks  of  Lobster  and  Euchre  Creeks,  and  is  covered  with  timber  of  immense 
value. 

The  general  scheme  of  the  conspirators  as  outlined  '.'was  to  contract  with 
individuals  to  file  upon  the  land  under  the  timber  and  stone  Act,  with  the  under- 
standing that  it  was  to  be  turned  over  to  the  ring  of  operators  as  soon  as  title 
was  secured.  Under  this  plan  the  filing  was  done  in  a  fraudulent  manner,  inas- 
much as  the  entrymen  swore  that  the  claims  were  for  them  personally,  whereas 
it  is  alleged  that  it  was  agreed  at  the  time  that  the  transfers  were  to  be  made  to 
the  men  who  had  inspired  them  to  go  on  the  land.  For  this  purpose  men  were 
obtained  wherever  possible  and  sent  to  Curry  county.  It  is  said  that  the  Pacific 
Furniture  &  Lumber  Company,  which  was  the  active  agency  of  the  land  shark-, 
procured  entrymen  from  Nebraska,  Kansas  and  California,  as  well  as  the  various 
cities  in  Oregon.  The  company  operated  sawmills  at  Humboldt,  Port  Orford, 
Frankfort  and  Eureka.  These  mills,  it  is  said,  were  used  as  a  blind  in  bringing 
entrymen  to  Oregon.  They  were  induced  to  come  West  on  the  understanding 
that  they  were  to  have  jobs  in  the  mills.  When  they  arrived,  however,  they  were 
informed  that  there  was  no  work  for  them.  Then,  when  they  were  penniless  and 
far  from  home,  it  was  found  to  be  a  propitious  time  to  approach  them  with  sug- 
gestions that  they  could  make  easy  money  by  illegally  filing  upon  some  of  the 
choice  timber  land  in  the  vicinity. 

Cross,  Goodwin,  Stewart,  Miller,  Kerr  and  Jones  banded  themselves  to- 
gether in  Los  Angeles  as  the  Pacific  Furniture  &  Lumber  Company  for  the  pur- 
pose of  dealing  in  and  acquiring  Government  land.  Others  became  connected 
with  the  company,  and  during  the  duration  of  the  conspiracy  Hedderly  and  Smith 
were  associated  in  the  management  of  its  affairs.  Smith,  Jones  and  Dennis  cared 
for  the  affairs  of  the  company  in  San  Francisco,  and  are  said  to  have  laid  the 
plans  skillfully  and  to  have  had  complete  control  of  all  the  branches  of  the  fraud- 
ulent plot.  The  Broadway  Bank  &  Trust  Company,  which  is  one  of  the  most  im- 
portant financial  institutions  of  Los  Angeles,  is  accused  of  being  directly  connected 
with  the  plot  and  to  have  advanced  money  to  finance  the  fraudulent  proceedings. 

Huntley,  who  occupied  the  office  of  United  States  Commissioner  from  1901 
to  1904,  was  brought  into  the  conspiracy  by  allowing  himself  to  be  induced  to  re- 
ceive the  fraudulent  entries,  which,  it  is  averred,  he  knew  at  the  time  were  illegal. 
The  part  of  Johnston,  the  Deputy  Clerk  of  Curry  county,  was  to  certify  the  fraud- 
ulent timber  and  stone  applications.  None  of  the  minor  offenders  who  filed  upon 
the  claims  are  included  in  the  indictment,  the  policy  of  the  Federal  authorities  evi- 
dently being  to  strike  at  the  men  who  were  the  principals  in  the  nefarious  plot 
to  rob  the  Government. 

The  indictment  is  a  lengthy  document,  setting  out  in  detail  the  many  ram- 
ifications of  the  scheme  as  they  have  been  unearthed  by  District  Attorney  Bristol 
and  Special  Inspector  Neuhausen,  with  the  assistance  of  the  Government  agents. 
Thirteen  separate  counts  are  included  in  the  indictment,  any  one  of  which,  if  it 
is  proved,  is  sufficient  for  conviction. 

In  gathering  evidence  against  the  land  thieves,  District  Attorney  Bristol 
and  Special  Inspector  Neuhausen  were  greatly  assisted  by  the  late  M.  A.  Meyen- 
dorff,  Special  Agent  of  the  General  Land  Office,  who  did  much  work  on  the  Cali- 
fornia end  of  the  affair.  Horace  T.  Jones  and  J.  D.  Watts,  also  special  agents 
of  the  Government,  assisted  by  carrying  on  investigations  in  Curry  county. 
Oregon. 

No.  4445 — Indictment  returned  April  3,  1906,  against  Joseph  Black,  John  C.  Black, 
August  Anderson,  Sumner  A.  Parker,  Leander  Choate,  James  Doughty,  Benjamin  Doughty, 
Thomas  Daly,  James  Bray,  James  H.  Driscoll,  John  Doe,  Richard  Roe,  Thomas  Roe  and 
Andrew  Roe,  charging  them  with  a  violation  of  section  5440,  Revised  Statutes.  This  is 
known  as  the  "Wisconsin  case." 

Page  448 


The  late  Michael  A.  Meyendorff,  Special  Agent  General  Land 

Office,  whose  death  was  hastened  by  the  constant 

"nagging"  of  the  heads  of 

Departments 

The  Wisconsin  men  involved  are  said  to  be  the  chief  participants  in  the 
fraudulent  operations  for  which  the  indictment  which  included  their  names  was 
issued.  Oregon  men  were  also  implicated  in  the  alleged  fraudulent  proceedings, 
but  only,  it  is  alleged,  as  the  tools  of  the  Easterners,  who  are  men  of  wealth  and 
furnished  the  funds  for  the  operations  and  also  laid  the  plans  by  which,  it  is 
charged,  they  illegally  obtained  great  tracts  of  Government  acreage. 

The  Oshkosh  men  indicted,  Leander  Choate,  James  Matt  Bray,  Benjamin 
Doughty,  James  Doughty  and  Thomas  Daly,  operated  in  Southern  Oregon  as  the 
Oshkosh  Land  &  Timber  Company.  August  Anderson  and  Joseph  Black,  of 
Shawano,  are  also  said  to  be  connected  with  this  corporation.  Choate  is  said  to 
be  very  wealthy,  and  the  others  are  all  men  of  wealth  and  prominence  in  their 
home  state. 

Bray  is  the  president  of  the  Bray  &  Choate  Lumber  Company,  and  Choate 
is  the  treasurer  of  that  company.  The  Doughtys  are  retired  lumbermen.  Daly 
is  the  cashier  of  the  Commercial  National  Bank,  and  all  the  men  are  large  stock- 
holders in  that  institution. 

The  charge  upon  which  they  were  indicted  is  that  of  obtaining  a  large 
tract  of  timber  land  east  of  Klamath  by  inducing  men  to  file  upon  it  and  then 
turn  it  over  to  them  for  a  small  consideration.  Most  of  their  work  is  said  to  have 
been  carried  on  through  representatives  in  Oregon,  but  the  principals  themselves 

Page  449 


are  said  to  have  been  on  the  ground  at  various  times.  Choate.  who  is  reported  to 
have  been  a  leader  in  the  proceedings,  is  said  to  have  visited  the  state  and  to  have 
taken  a  direct  hand  in  bringing  about  some  of  the  fraudulent  entries. 

It  is  alleged  that  the  original  scheme  of  the  coterie  of  capitalists  was  to 
acquire  several  immense  tracts  of  valuable  land,  aggregating  nearly  40  sections. 
The  plan  did  not  work  out  in  its  entirety,  but  even  the  partially  completed  opera- 
tions are  said  to  have  brought  them  into  control  of  about  160,000  acres  of  land. 
Some  of  the  land  is  located  on  Jenny  Creek,  some  on  Lone  Pine  Mountain  and  a 
portion  east  of  Klamath.  All  of  the  land  is  in  Klamath  and  Lake  counties, 
Oregon.  The  Eastern  men  are  said  to  have  come  into  possession  of  the  land  by  in- 
ducing Oregon  people  to  file  upon  it  and  turn  it  over  to  them  as  soon  as  they  ob- 
tained it.  In  many  cases  it  is  alleged  the  transfers  were  made  the  day  the  final 
proofs  were  received.  All  of  the  land  was  taken  as  homestead  claims.  Most  of 
those  who  made  filings  were  residents  in  the  vicinity  of  Ashland  and  Medford. 
and  these  persons  were  used  as  witnesses  before  the  grand  jury. 

Sumner  J.  Parker,  of  Ashland,  is  understood  to  have  been  the  solicitor  for 
the  Wisconsin  men.  Through  his  agency  it  is  alleged  men  and  women  were  in- 
duced to  take  up  the  land  with  the  understanding  that  it  was  to  be  turned  over 
to  the  Oshkosh  Land  &  Timber  Company  as  soon  as  the  final  papers  were  re- 
ceived. The  papers  were  filed  with  James  H.  Driscoll  at  Klamath  Falls.  Driscoll 
is  accused  of  accepting  fraudulent  proofs  of  land  and  being  a  party  to  the  general 
scheme  to  defraud  the  Government.  With  all  of  the  wires  carefully  laid  for  their 
operations,  it  is  said  that  the  scheme  was  carried  on  smoothly  and  thousands  of 
acres  of  Government  lands  seized  before  the  proceedings  against  them  were  com- 
menced. 

No.  4857 — Indictment  returned  May  5,  1906,  against  P.  \V.  Gilchrist,,  Ralph  E. 
Gilchrist.  Patrick  Culligan,  James  G.  MacPherson.  Herman  W.  Stone,  Edmund  Dorgaii. 
Francis  J.  Devine,  John  Joseph  Collins,  Charles  M.  Elkins,  John  Combs,  Benjamin  F. 
Allen.  Malcolm  McAlpin,  Amond  C.  Palmer,  H.  Judd  Palmer,  Donald  F.  Steffa,  M.  E. 
Brink,  C.  A.  M.  Schlierholz.  J.  W.  Hopkins.  W.  W.  Brown,  Ed.  N.  White,  Thomas  H. 
\Vatkins.  John  Doe,  Richard  Roe,  Thomas  Roe,  Andrew  Roe,  William  Roe  and  James  Roc. 
charging  them  with  a  violation  of  section  5440,  Revised  Statutes,  known  as  the  "Michigan 
case." 

The  Oregon  men  involved  follow :  Charles  M.  Elkins  and  Jack  Combs, 
of  Prineville,  and  Benjamin  F.  Allen,  of  Portland,  members  of  the  firm  of  Elkins 
&  Co.;  Judge  M.  E.  Brink,  of  Prineville;  Donald  F.  Steffa,  of  Prineville,  editor 
of  the  Crook  County  Journal ;  Almond  C.  Palmer  and  H.  Judd  Palmer,  attorney- 
of  Portland  :  E.  Dorgan,  Francis  J.  Devine  and  John  J.  Collins,  members  of  the 
firm  of  E.  Dorgan  &  Co.,  of  Albany;  Malcom  McAlpin,  merchant,  of  Albany;  J. 
\V.  Hopkins,  attorney,  of  Vancouver.  Washington ;  W.  W.  Brown,  attorney,  of 
Seattle ;  Thomas  H.  Watkins,  member  of  the  former  firm  of  Erickson  &  Watkins, 
Prineville,  and  Edgar  X.  White,  saloonkeeper,  of  Portland. 

The  Eastern  men  whose  names  appear  in  the  indictment  are :  F.  W.  Gil- 
christ, Ralph  Gilchrist,  Patrick  Culligan  and  James  G.  Macpherson,  of  Alpena, 
Michigan;  Herman  W.  Stone,  of  Benson,  Minnesota,  and  C.  A.  M.  Schlierholz, 
of  Little  Rock,  Arkansas.  The  latter  is  an  ex-special  agent  of  the  General  Land 
Office. 

The  charge  upon  which  these  men  have  been  indicted  is  conspiring  to- 
gether to  defraud  the  Government  of  great  tracts  of  rich  timber  land  in  Lake, 
Crook  and  Klamath  counties.  According  to  the  indictment  the  conspiracy  is  one 
of  many  ramifications,  but  in  its  essential  features  is  a  counterpart  of  that  upon 
which  the  eight  rich  Wisconsin  men  were  arrested  a  short  time  previously. 

The  leaders  in  the  alleged  plot  were  the  Gilchrists,  Culligan,  Macpherson 
and  Stone,  who  endeavored,  and  to  a  large  extent  succeeded,  to  come  into  the 
possession  of  thousands  of  acres  of  the  public  domain  by  procuring  dupes  in 
Oregon  who  were  willing  to  take  up  claims  by  making  false  entries  with  the  un- 
derstanding that  they  were  turned  over  to  their  employers  for  a  stipulated  con- 
sideration as  soon  as  title  should  be  secured. 

Page   450 


With  this  plan  for  a  working'  basis,  it  is  charged,  the  Eastern  men  operated 
through  representatives  in  Oregon  with  whom  they  were  closely  associated.  Be- 
sides the  Alpena  men  and  Stone,  those  who  are  said  to  have  figured  as  principals 
in  the  illegal  transactions  are  the  members  of  Elkins  &  Co.,  of  Prineville,  and  of 
E.  Dorgan  &  Co.,  of  Alban^.  The  other  men  whose  names  are  mentioned,  al- 
though in  many  cases  men  of  considerable  capital  and  prominence,  served  in  the 
alleged  scheme  in  subsidiary  capacities,  such  as  procuring  men  and  women  who 
were  to  file  on  the  claims  and  expediting  in  one  way  and  another  the  fraudulent 
entries.  Over  400  claims,  taken  under  the  timber  and  stone  Act  of  Congress,  are 
involved  in  the  alleged  plan  to  steal  the  wealth-producing-  forests  of  Uncle  Sam. 
Of  this  amount  150  are  mentioned  specifically  in  the  indictment  returned  by  the 
grand  jury  through  the  efforts  of  District  Attorney  Bristol  and  Special  Inspector 
Thomas  B.  Neuhausen.  The  total  tract  in  the  alleged  theft  covers  the  immense 
area  of  approximately  201,600  acres.  The  land  lies  entirely  within  Lake,  Klam- 
ath  and  Crook  counties,  and  borders  on  the  headwaters  of  the  Deschutes  River. 
The  description  of  the  claims  cited  in  the  indictment  covers  six  large  typewritten 
pages.  The  territory  which  the  big  land  sharks  are  accused  of  trying  to  gobble 
up  in  disregard  of  the  Federal  statutes,  is  one  of  the  richest  timber  sections  of 
Oregon.  Nearly  the  entire  area  is  covered  with  the  most  excellent  yellow  pine 
timber.  Placing  the  low  estimate  of  2,000,000  feet  to  the  quarter  section,  the  land 
would  be  worth  at  least  $2000  a  claim,  or  $800,000  for  the  land  involved.  The 
value  is  probably  close  to  $1,000,000. 

F.  W.  Gilchrist  and  Ralph  Gilchrist  are  said  to  be  in  the  millionaire  class. 
Patrick  Culligan  is  worth  about  $600,000,  and  James  G.  Macpherson  is  also  a 
man  of  means.  Elkins  &  Co.,  charged  with  being  closely  allied  with  them  in 
the  conspiracy,  are  men  well  known  throughout  the  entire  state.  The  firm's 
business  is  money  lending  and  general  financial  business.  The  company  is  said 
to  have  put  up  large  amounts  of  money  and  to  have  otherwise  assisted  in  the  plot. 

Almond  C.  Palmer,  who  is  among  the  men  said  to  have  been  brought  with- 
in the  toils,  was  formerly  United  States  Commissioner  at  Prineville.  He  is 
accused  of  using  his  position  to  assist  in  the  acceptance  of  fraudulent  proofs  and 
illegal  filing  of  claims.  He  had  trouble  with  the  Federal  authorities  upon  a 
previous  occasion,  but  was  acquitted.  Judge  M.  E.  Brink,  of  Prineville,  Oregon, 
is  accused  of  using  his  power  of  attorney  in  the  same  illegitimate  way,  as  is  also 
J.  W.  Hopkins,  of  Vancouver,  Washington,  and  W.  W.  Brown,  of  Seattle. 

Dorgan  &  Co.,  of  Albany,  who  are  included  in  the  list  of  principals  to 
the  dealings,  is  a  firm  of  timber  cruisers  and  locators.  John  J.  Collins,  who  was 
subpoenaed  as  a  witness  in  connection  with  the  case,  refused  to  produce  the  books 
of  the  firm  in  accordance  with  the  order  of  the  court,  and  as  a  consequence  was 
confined  in  the  Multnomah  County  jail  for  a  period  of  four  months  upon  order  of 
Judge  Wolverton.  It  is  believed  by  the  government  representatives  that  Collins 
received  good  pay  for  his  action  from  the  other  men  who  were  indicted,  as  it  is 
supposed  that  the  records  of  the  firm  contain  incriminating  evidence  in  connection 
with  the  present  charges. 

All  of  the  Eastern  men  involved  have  paid  repeated  visits  to  Oregon  during 
the  past  few  years,  and  it  is  believed  that  upon  each  occasion  they  acquired  title 
to  a  number  of  the  fraudulent  claims.  Sometimes,  it  is  said,  one  would  come, 
sometimes  more,  but  each  visit  is  alleged  to  have  been  in  connection  with  the  pro- 
ceedings for  which  they  now  stand  indicted.  It  is  said  that  persons  were  secured 
in  large  numbers  to  assist  in  the  operations  by  filing  upon  the  claims.  It  is  al- 
leged that  they  were  taken  to  the  land  as  many  as  20  at  a  time,  and  that  im- 
mediately upon  receiving  title  from  the  Government,  they  transferred  it  to  the 
men  who  were  engineering  the  deal,  in  each  case  taking  payment  far  below  the 
true  value  of  the  land.  These  persons,  for  the  most  part,  came  from  Albany, 
Shaniko,  Morrow,  Prineville  and  Mitchell.  They  figured  as  witnesses  in  the 
grand  jury  proceedings,  between  100  and  200  of  whom  being  called  before  that 
body. 

Page   451 


So  deep  laid  was  the  alleged  plot  that  the  promoters  succeeded  in  mis- 
representing the  true  facts  in  the  case  to  such  an  extent  to  the  Oregon  Representa- 
tives in  Congress  that  they  succeeded  in  getting  them  to  urge  the  department  at 
\Yashington  to  expedite  the  fraudulent  claims.  By  presenting  false  proofs,  en- 
tries, oaths  and  affidavits  in  respect  to  the  timber  and  stone  entries  to  Senator 
Fulton  and  Congressman  J.  Xewton  \Yilliamson.  the  indictment  alleges  that 
these  men  were  led  to  urge  that  the  claims  be  expedited.  These  claims  were  rep- 
resented as  being  in  every  way  genuine,  whereas  it  is  now  charged  they  were  illegal 
and  untrue  in  every  particular,  and  were  being  procured  solely  in  the  interest  of 
the  eleven  men  at  the  head  of  the  operations. 

The  following  letter  is  included  as  a  portion  of  the  indictment : 

Washington,   D.   C..    March   11,   1904. 
Hon.  William  A.  Richards.  Commissioner  of  the  General  Land  Ofl: 

Washington.  D.  C. 

Sir — I  enclose  you  herewith  a  number  of  affidavits  of  entrymen  under  the  timber 
and  stone  act.  These  gentlemen  are  all  residents  of  Albany,  Or.,  I  think.  Most  of  them 
I  am  personally  acquainted  with  and  I  am  confident  they  would  not  engage  in  any  corrupt 
practices,  in  order  to  secure  timber  claims.  Mr.  Cusick.  the  first  party  mentioned,  is  a 
banker  of  Albany,  Or.,  and  the  others  are  prominent  business  men.  as  a  rule. 

I  have  heretofore  written  you  about  this  situation.  It  seems  to  me  that  a  great 
injustice  is  being  done  these  men,  for  they  entered  the  land.  I  have  no  doubt,  in  perfect 
good  faith.  They  have  paid  their  money  and  complied  with  the  law  in  every  respect. 
I  trust,  therefore,  that  your  department  will  be  able  to  dispose  of  these  eases  at  an 
early  date  and  direct  the  patents  to  issue.  Very  respectfullv, 

C.  W.   FULTOX. 

It  is  claimed  that  the  foregoing  letter  referred  to  the  proofs  upon  a  num- 
ber of  the  fraudulent  claims.  The  Mr.  Cusick  referred  to  is  a  prominent  Albany 
banker. 

Congressman  \Yilliamson  also  addressed  the  following  letter  to  the  Land 
Department  in  behalf  of  the  fraudulent  entries: 

Washington,    D.    C.,    April    2,    1904. 
Hon.  William  Richards.  Commissioner  of  the  General  Land  Office. 

Washington,  D.  C. 

Sir — I  today  forward  you  under  separate  cover,  as  many  as  50  affidavits  concerning 
the  timber  and  stone  claims  now  held  up  by  the  department  in  Lake,  Crook  and  Klamath 
Counties  in  Oregon.  I  also  inclose  herewith  a  letter  from  Hon.  M.  E.  Brink,  of  Prineville. 
Or.,  bearing  upon  the  same  question. 

I  will  again  add  my  earnest  desire  that  these  claims  shall  proceed  at  once  to 
patent.  Very  truly  vours. 

J.    X.    WILLIAMSOX. 

The  following  shows  convictions  in  land  fraud  cases  and  present  status 
of  the  cases : 

Henry  Meldrum   indicted  April  2.  1904.  for  forgery  in  connection  with  surveying 
contracts,  on  Xovember  17.  1904,  sentenced  1,080  days  at  McNeil's  Island  and  fined  > 
and  costs;  serving  sentence. 

S.  A.  D.  Puter,  indicted  March  17.  1904.  for  conspiracy  to  defraud  Government. 
on  December  6,  1904,  sentenced  to  two  years  in  County  Jail  and  fined  $7,500;  served 
portion  of  sentence  and  pardoned  by  President.  December  31.  1907. 

Horace  G.  McKinley,  indicted  March  17.  1904,  for  conspiracy  to  defraud  Govern- 
ment, on  December  6.  1904;  returned  from  Manchuria,  sentenced  on  February  28,  1908  to 
two  years  in  the  Multnomah  County  jail  and  fine  of  $7,500. 

Dan  W.  Tarpley,  indicted  March  17,  1904.  for  conspiracy  to  defraud  Government, 
on  December  6,  1904;  not  sentenced. 

Emma  L.  Watson,  indicted  March  17,  1904,  for  conspiracy  to  defraud  Government, 
on  December  6,  1904;  not  sentenced. 

Frank  H.  Walgamot.  indicted  March  17.  1904.  for  conspiracy  to  defraud  Govern- 
ment; pleaded  guilty;  not  sentenced. 

John  H.  Mitchell,  indicted  February  1.  1905,  for  receiving  compensation  for 
service  before  Department  while  United  States  Senator,  on  July  3,  1905,  sentenced  to  six 
months  in  County  Jail  and  fined  $1,000;  dead. 

John  X.  Williamson,  indicted  February  11,  1905.  for  conspiracy  to  suborn  perjury, 
on  September  27.  1905.  sentenced  to  10  months  in  County  Jail  and  fined  $500;  new  trial 
granted. 

Page   452 


"The  Grand  Old  Man"— Ethan  Allen  Hitchcock,  ex-Secretary  of  the  Interior,  who  earned  the 

ill-will  of  the  grafters  by  his  firm  stand  on  public  land  questions 


Dr.  Van  Gesner,  indicted  February  11.  1905,  for  conspiracy  to  suborn  perjury, 
on  September  27,  1905.  sentenced  to  five  months  in  County  Jail  and  fined  $1,000;  served 
sentence  and  paid  fine. 

Marion  B.  Biggs,  indicted  February  11.  1905,  for  conspiracy  to  suborn  perjury,  on 
September  27.  1905.  sentenced  to  10  months  in  County  Jail  and  fined  $500;  served 
sentence. 

Willard  N.  Jones,  indicted  September  2.  1905,  for  conspiracy  to  defraud  Govern- 
ment, on  October  14,  1905,  sentenced  to  one  year  at  McNeil's  Island  and  fined  $2,000; 
on  appeal. 

Thaddeus  S.  Potter,  indicted  September  2.  1905,  for  conspiracy  to  defraud  Govern- 
ment, on  October  14,  1905,  sentenced  to  six  months  in  County  Jail  and  fined  $500; 
on  appeal. 

Henry  W.  Miller,  indicted  January  31,  1905,  for  conspiracy  to  suborn  perjury, 
pleaded  guilty,  sentenced  to  one  year  at  McNeil's  Island:  served  sentence. 

Frank  E.  Kincart.  indicted  January  31.  1905,  for  conspiracy  to  suborn  perjury, 
pleaded  guilty,  sentenced  to  one  year  at  McNeil's  Island;  served  sentence. 

Charles  Nickell,  indicted  January  31.  1905,  for  conspiracy  to  suborn  perjury,  on 
July  27.  1906.  sentenced  to  13  months  at  McNeil's  Island;  on  appeal. 

Martin  G.  Hoge,  indicted  for  conspiracy  to  suborn  perjury,  on  July  27,  1906,  sen- 
tenced to  four  months  in  County  Jail  and  fined  $500;  served  sentence. 

Hamilton  H.  Hendricks,  indicted  February  8,  1905,  for  subornation  of  perjury,  on 
August  4,  1906:  to  be  sentenced. 

Charles  A.  Watson,  indicted  on  April  8,  1905,  for  perjury,  on  August  8,  1906;   sen- 
tence suspended. 

Coe  D.  Barnard,  indicted  April  8,  1905,  for  perjury,  on  August  11.  1906,  sentenced 
to  two  years  at  McNeil's  Island  and  fined  $2,000;  on  appeal. 

C.  B.  Zachary,  indicted  April  8,  1905,  for  perjury,  on  August  17,  1906;  not  sentenced. 

Franklin  Pierce  Mays,  indicted  February  13,  1905,  for  conspiracy,  on  September  13. 
1906,  sentenced  to  four  months  in  County  Jail  and  fined  $10,000;  on  appeal. 

Willard  N.  Jones,  indicted  February  13.  1905.  for  conspiracy,  on  September  13,  1906, 
sentenced  to  eight  months  in  County  Jail  and  fined  $2,000;  on  appeal. 

George  Sorenson,  indicted  on  February  13,  1905,  for  conspiracy,  on  September  13, 
1906,  not  sentenced. 

Winlock  W.  Steiwer,  indicted  February  10.  1905,  for  conspiracy,  pleaded  guilty 
January  22,  1908;  not  sentenced. 

'Hamilton  H.  Hendricks,  indicted  February  10,  1905,  pleaded  guilty  January  22. 
1908;  not  sentenced 

Clarence  B.  Zachary,  indicted  February  10,  1905,  pleaded  guilty  January  22,  1908; 
not  sentenced. 

John  H.  Hall,  indicted  February  10,  1905,  for  conspiracy,  on  February  8,  1908, 
not  sentenced. 


Embryo  matches  on  property  of  the 

Diamond  Match  Company 

Butte  County 

California 


Page  454 


Chapter  XXIX 


A  few  arguments  in  support  of  President  Roosevelt's  forestry  policy — How  the 
creation  of  reserves  has  been  the  salvation  of  the  timber  industry  in  this 
country — Views  of  those  well-informed  indicate  that  it  was  a  wise  plan 
to  place  the  control  of  the  forests  in  the  general  Government,  and  that  the 
only  protest  comes  from  selfish  interests — How  the  Denver  Public  Lands 
Convention  had  the  tables  turned  in  the  effort  to  discredit  the  President's 
policies. 

This  is  the  forest  primeval.  The  murmuring  pines  and  the  hemlocks, 
Bearded  with  moss,  and  in  garments  green,  indistinct  in  the  twilight, 
Stand  like  Druids  of  old,  with  voices  sad  and  prophetic. 

— From  Longfellow 's   ' '  Evangeline. ' ' 

THE  chief  opposition  to  the  Government's  forestry  policy  comes  from  a  source 
inspired  by  selfish  motives.  In  the  efforts  that  are  being  made  to  have  the 

reserves,  or  the  best  portions  of  them,  restored  to  public  entry,  there  exists 
a  powerful  reminder  of  a  greedy  herd  feasting  its  eyes  upon  a  farmer's  inclosed 
cornfield,  whose  waving  plumes  excites  a  beastly  appetite  that  can  only  be  satis- 
fied by  the  sacrifice  of  the  crop  intended  for  human  comfort. 

That  self-interest  is  the  basis  of  nearly  all  this  agitation  against  the  crea- 
tion of  forest  reservations,  is  evidenced  by  the  fact  that  none  of  its  advocates  have 
yet  advanced  a  single  argument  that  appeals  to  common  sense.  They  have  in- 
dulged in  glittering  generalities,  and  purposely  ignored  every  phase  of  reason 
and  practically  all  elements  of  truth  in  their  representations  pertaining  to  the  ac- 
tual situation. 

No  person  imbued  with  a  grain  of  intelligence  can  voice  any  honest  protest 
against  the  creation  of  the  reserves  in  accordance  with  President  Roosevelt's 
well-defined  plans;  no  one  possessed  of  a  clear  and  unbiased  knowledge  of  con- 
ditions prevailing  in  the  mountainous  regions  of  the  West  is  in  any  position  to 
raise  sincere  objections  to  a  measure  that  is  founded  upon  the  lofty  principle  of 
preserving  the  forests  for  the  benefit  of  future  generations,  and  for  the  purpose 
of  protecting  the  watersheds  and  conserving  the  rainfall,  that  the  people  of  the 
present  age  may  not  suffer. 

The  greater  portion  of  my  life  has  been  passed  among  the  mountains  and 
forests  of  the  West,  and  for  upward  of  25  years  I  have  been  actively  engaged  in 
exploration  of  this  vast  domain.  This  has  afforded  ample  opportunity  for  study- 
ing conditions  existing  in  the  forests,  and  I  have  no  hesitancy  in  asserting  that 
had  not  the  President  interfered  when  he  did  in  October,  1902,  and  put  a  stop  to 
the  carnival  of  looting  then  in  progress  by  making  provisional  suspension  of  the 
affected  districts  for  forest  reserve  purposes,  it  would  have  resulted  in  the  en- 
forced consideration  of  problems  the  solution  of  which  no  prophet  could  have 
foretold,  and  would  have  become  merely  a  question  of  time  measured  by  a  short 
span  of  years  when  the  Sierra  Nevada  and  Cascade  ranges  of  mountains  would 
have  become  shorn  of  their  magnificent  heritage,  and  the  broad  valleys  of  Cali- 
fornia and  Oregon  left  to  the  mercy  of  the  elements. 

The  winter  of  1906-7  gave  timely  notice  that  the  wholesale  devastation 
that  has  been  in  progress  for  more  than  a  quarer  of  a  century  must  reap  its  own 
harvest  of  perpetual  injury  to  mankind.  The  principal  watercourses  of  the  inter- 
ior of  the  two  states  named,  overflowed  their  banks  as  they  had  never  done  be- 
fore, notwithstanding  the  scientific  methods  of  restraint  that  had  been  adopted 

Page  455 


from  time  to  time  to  meet  just  such  emergencies.  Vast  inland  seas  wrought  their 
consequent  mark  upon  the  prosperity  of  rich  communities,  and  that  was  only  the 
warning  note. 

History  is  constantly  repeating  itself,  and  the  history  of  the  tremendous 
floods  that  have  occurred  again  and  again  throughout  the  lo,wer  Mississippi  Val- 
ley, is  the  indellible  record  of  the  crime  of  those  responsible  for  denuding  the 
headwaters  of  the  great  stream  of  its  standing  timber ;  and  the  history  of  this 
shameful  condition  shall  be  the  history  of  similar  conditions  that  the  next  gene- 
ration will  have  to  face  in  all  the  principal  valleys  cf  the  West,  if  those  who  are 
advocating  the  abolition  of  Governmental  control  over  the  public  forests  are  per- 
mitted to  have  full  sway. 

Already  the  rainfall  in  the  arid  regions  east  of  the  ranges  in  question  has 
been  visibly  affected  by  the  loss  of  trees;  already  the  writing  is  on  the  wall  for 
all  who  run  to  read  if  the  hands  of  commercial  greed  are  not  stayed. 

In  a  speech  delivered  at  Portland,  Oregon,  during  the  Lewis  and  Clark 
Exposition  of  1905.  James  J.  Hill,  the  great  railway  magnate — and  incidentally 
heavily  interested  in  Western  timber  lands — declared  that  one  acre  of  timber  land 
possessed  more  intrinsic  value  to  a  railway  corporation  than  forty  acres  of  agri- 
cultural land. 

Why? 

Because,  25  years  hence.  James  J.  Hill  will  have  been  gathered  to  his 
fathers,  and  he  had  no  thought  beyond  the  grave. 

It  is  preposterous  to  believe  that  he  was  giving  expression  to  an  honest 
opinion,  for  the  reason  that  the  40  acres  of  agricultural  land  will  be  producing 
constant  revenues  for  his  transportation  lines  ages  after  Mr.  Hill  is  dead  and  for- 
gotten— long  after  40,000  acres  of  timber  land  has  ceased  to  yield  any  profit  for 
his  roads  if  the  policy  shall  henceforth  be  to  throw  down  the  bars  for  the  cattle 
to  get  in  and  devour  the  crop. 

Seemingly,  this  antagonistic  feeling  against  reserves  is  inspired  by  the  old 
hoggish  instinct  that  has  stood  as  a  barrier  against  the  proper  development  of 
the  West  since  the  earliest  period  of  its  attempted  settlement.  It  is  the  ghost  of 
the  desire  which  characterized  the  action  of  the  hydraulic  miners  in  the  early  days 
of  California  to  ruin  the  navigable  streams  of  that  state  at  the  expense  of  the  gen- 
eral public,  that  their  greed  for  gold  might  be  satiated ;  the  same  old  phantom  of 
selfishness  that  has  haunted  the  action  of  sheep  and  cattlemen  on  the  Great  Plains 
to  acquire  control  of  all  that  portion  of  the  universe  that  their  herds  might  multi- 
ply upon  tne  ruins  of  individual  rights ;  a  relic  of  the  warfare  that  has  raged  for 
centuries  throughout  the  civilized  globe  in  the  struggle  to  make  public  interest 
subservient  to  private  gain. 

Dr.  Harry  Lane,  the  Mayor  of  Portland,  Oregon,  is  an  enthusiastic  advo- 
cate of  the  idea  that  the  forests  should  be  under  Governmental  control,  and  ad- 
vances many  potent  reasons  for  his  views  upon  the  subject. 

He  was  born  in  Oregon,  and  for  more  than  half  a  century  has  made  a 
close  analytical  study  of  the  forestry  question.  On  account  of  his  knowledge  in 
this  respect,  his  opinions  carry  much  weight,  and  he  is  regarded  generally  through- 
out the  Northwest  as  an  authority  in  the  premises.  Trade  journals  devoted  to 
timber  interests  have  eagerly  sought  contributions  from  his  pen  bearing  upon 
the  various  problems  incident  to  the  situation,  and  his  remarks  in  relation  thereto 
before  civic  bodies  has  been  productive  of  a  wide  range  of  intelligent  thought.  In 
discussing  the  matter  recently  with  the  writer,  he  said : 

"I  am  decidedly  in  favor  of  the  plan  for  the  Government  to  have  absolute 
control  over  the  forests  of  this  country.  It  is  not  a  new  idea,  by  any  means,  as 
the  wisdom  of  such  a  measure  has  been  long  recognized  in  Germany,  Sweden  and 
Norway,  where  the  people  of  the  present  age  are  sawing  up  lumber  from  trees 
that  were  planted  by  their  ancestors  a  hundred  years  previously. 

"I  do  not  pretend  to  be  familiar  with  conditions  existing  anywhere  beyond 
the  borders  of  the  Pacific  Northwest,  but  here  I  have  lived  practically  all  my  life, 

Page   456 


Z)r.  Harry  Lane,  the  reform  Mayor  of  Portland,  Oregon,  who  is  a  strong  advocate  of  the 
Government's  forestry  policy,  and  probably  the  best  posted  person 

in  the  Northwest  on  the  subject 


and  it  has  been  one  of  the  keenest  pleasures  of  my  existence  to  analyze  the  various 
features  entering  into  the  forestry  question.  It  is  certainly  an  interesting  study, 
and  probably  appeals  to  the  lover  of  nature  with  a  greater  degree  of  harmony  than 
any  other  topic  of  discussion. 

"That  the  forests  should  not  be  permitted  to  fall  into* the  hands  of  private 
individuals,  is  a  doctrine  that  even  the  aborigines  were  prompt  to  recognize,  and 
in  their  tribal  relations  it  was  one  of  their  fundamental  principles,  down  to  with- 
in a  few  decades  ago,  to  exercise  virtually  the  same  kind  of  supervision  over  the 
forests,  in  their  crude  way,  that  the  Government  is  now  seeking  to  establish  in  a 
more  enlightened  form. 

"I  have  personal  knowledge  that  the  Indians  of  California,  Oregon,  \Yash- 
ington  and  the  British  Possessions  were  accustomed  to  extend  the  most  careful 
guardianship  over  the  forests,  and  until  the  white  man  came  with  his  ideas  of 
commercial  greed,  and  destroyed  the  savage  instincts  o'f  protection,  there  had 
never  been  a  great  forest  fire  of  any  serious  consequence  in  all  this  vast  wilder- 
ness, by  any  act  of  human  hands,  and  there  is  no  doubt  that  conflagrations  of  this 
character  wreak  more  damage  to  standing  timber  than  all  the  other  causes  com- 
bined. "In  the  Fallfi  it  had  been  the  custom  of  the  redmen  since  their  earliest  au- 
thentic history,  to  burn  out  the  dry  grass  and  light  undergrowth  in  order  to  pro- 
vide fresh  range  for  the  following  season,  and  as  a  measure  of  expediency  in 
clearing  unnecessary  obstructions  to  a  full  view  of  wild  game,  or  perhaps  also 
as  a  stroke  of  precaution  against  ambush  by  enemies.  In  consequence,  the  under- 
brush never  attained  any  important  headway,  and  whatever  fires  occurred  under 
these  circumstances  went  through  the  forests  like  a  flash,  without  damaging  the 
larger  trees  to  any  appreciable  extent. 

"Frequently,  in  passing  through  heavy  bodies  of  timber  even  now,  the 
casual  observer  is  struck  by  the  appearance  of  some  giant  of  the  forest  with 
charred  trunk,  and  attributes  the  fact  to  the  pranks  of  lightning,  but  in  reality  it 
is  merely  an  isolated  instance  where  the  pitch  and  abnormal  quantity  of  bark  has 
contributed  an  extra  attraction  to  the  flames,  although  the  main  body  of  the  tree 
might  have  suffered  an  insignificant  amount  of  damage  by  the  operation,  so 
swiftly  had  been  the  course  of  the  flames. 

"The  practice  of  setting  out  these  fires  at  that  period  of  the  year,  and 
causing  the  atmosphere  to  assume  a  murky  hue  under  the  stimulus  of  heavy  vol- 
umes of  smoke  from  all  directions,  has  clothed  the  season  with  the  poetic  des- 
ignation of  'Indian  Summer/  and  this  name  has  adhered  to  it  through  all  time, 
although,  as  a  matter  of  fact,  civilization  is  responsible  for  the  density  of  the  un- 
dergrowth in  our  time,  and  civilization  must  answer  for  the  sin  of  forestry  de- 
struction by  the  great  fires  of  the  present  age. 

"It  is  usually  quite  difficult  to  trace  the  real  blame  for  starting  them.  Huge 
rocks  have  been  known  by  forest  rangers  to  become  dislodged  from  mountain 
sides,  and  plunging  down  deep  ravines  as  they  pursue  their  maddening  course, 
bounding  from  crag  to  crag,  have  thrown  flinty  sparks  that  ignited  the  accumula- 
tion of  decaying  leaves  and  decomposed  vegetation :  or  perhaps  the  neglected  em- 
bers from  the  campfire  of  some  careless  hunter  has  furnished  its  share  of  de- 
vastation, but  the  result  is  the  same,  and  we  must  delve  deeper  than  the  surface  for 
the  real  cause,  and  when  we  do,  it  will  be  found  to  exist  in  the  general  tendency  to 
permit  the  undergrowth  to  attain  too  much  headway. 

"It  has  come  to  my  own  knowledge,  through  Sam  Heiple,  a  well-known 
frontiersman  of  this  state,  that  a  destructive  forest  fire  originated  by  a  globule  of 
pitch  from  a  fir  tree  concentrating  the  sun's  rays  in  a  manner  productive  of  the 
effects  of  a  burning  glass,  and  the  intense  heat  thus  generated,  communicating 
with  the  dry  leaves  and  miscellaneous  dead  foliage,  caused  a  conflagration  that 
wrought  immense  damage  before  expending  its  fury. 

"All  this  demonstrates  the  extreme  necessity  of  taking  the  control  of  the 
forests  away  from  private  ownership,  and  placing  it  in  the  hands  of  some  central 
power  where  aboriginal  ideas  may  prevail  in  a  modernized  form. 

Page   458 


"There  is  no  doubt,  in  my  mind,  as  to  the  probability  that  this  region  has 
retimbered  itself  within  the  past  thousand  years  or  so.  Every  evidence  points  in 
the  direction  of  the  fact  that  oak  predominated  here  centuries  ago.  Fir  timber  is 
an  interloper,  and  descended  from  the  remote  mountain  peaks  step  by  step,  until 
it  had  supplanted  the  sturdy  oak,  which  in  the  cycle  of  ages  had  probably  gained 
the  ascendency  over  some  other  variety  of  tree  growth.  It  is  an  actual  fact  that 
this  transformation  has  been  occurring  in  my  own  lifetime,  because  I  can  remem- 
ber, as  a  boy,  when  oak  timber  disputed  with  the  invading  fir  the  supremacy  of 
the  Willamette  valley. 

"I  think  the  soil  eventually  becomes  exhausted  for  a  continuous  kind  of 
timber,  just  as  it  does  with  one  sort  of  farm  product.  It  is  nature's  way  of  en- 
couraging a  rotation  of  crops,  and  is  not  necessarily  a  question  of  the  survival 
of  the  fittest,  any  more  than  barley  is  superior  to  other  cereal  products." 

"Mr.  Puter,  the  author  of  this  book,  is  probably  as  well-versed  in  forestry 
matters,  from  a  practical  standpoint,  as  any  man  in  the  West.  He  was  born  and 
reared  amidst  the  redwoods  of  California,  and  has  been  engaged  in  handling 
timber  lands  nearly  all  his  life,  his  judgment  as  to  value  of  standing  timber  being 
recognized  by  buyers  all  over  the  country,  as  his  recitals  show.  I  have  discussed 
frequently  with  him  tne  subject  of  the  Government's  forestry  policy  as  outlined 
by  President  Roosevelt,  and  he  is  firm  of  the  opinion  that  the  ideas  embodied 
therein  are  strictly  conformable  to  the  demands  of  logic. 

"It  may  be  bad  for  the  land  sharks,"  declared  Mr.  Puter  in  the  course  of 
one  of  our  conversations,  "but  nobody  can  safely  deny  that  it  is  highly  beneficial 
to  the  general  public,  on  account  of  the  adequate  protection  it  affords  to  standing 
timber,  thus  operating  as  a  permanent  safeguard  to  the  watersheds  and  insuring 
a  uniform  rainfall. 

"The  headwaters  of  nearly  every  stream  in  California,  Oregon  and  Wash- 
ington— which  may  properly  be  classed  as  the  district  embracing  the  more  im- 
portant lumber-producing  forests  of  the  West — are  invariably  heavily  timbered, 
and  it  strikes  me  that  it  is  nature's  way  of  holding  the  floods  in  check.  The  ground 
is  shaded  by  the  dense  foliage,  so  that  the  snow  is  not  only  stored  by  the  opera- 
tion, but  on  account  of  not  coming  in  direct  contact  with  the  sun's  rays,  is  permit- 
ted to  melt  away  gradually ;  whereas,  if  there  was  too  much  exposure  of  this 
character,  it  would  have  a  tendency  to  cause  an  immediate  dissolution  of  the 
snow,  which  would  therefore  rush  down  the  streams  in  the  form  of  torrents,  and 
floods  and  irreparable  damage  to  the  lower  country  would  be  the  inevitable  con- 
sequence. 

"In  addition  to  these  benefits,  the  Government  can  derive  a  profitable  and 
perpetual  income  from  its  holdings  by  marketing  the  'ripened'  or  merchantable 
lumber  in  the  reserves  at  a  reasonable  price,  and  I  cannot  see  why  such  a  plan 
should  not  prove  acceptable  to  any  fair-minded  person. 

"Another  strong  point  that  must  be  taken  into  consideration  lies  in  the 
fact  that  the  establishment  of  reserves  will  prevent,  to  a  large  degree,  the  dis- 
astrous forest  fires  that  have  swept  over  the  best  portions  of  the  timbered  regions 
at  frequent  intervals,  and  threatened  to  wipe  out  everything  in  their  pathway.  The 
staff  of  rangers,  wardens  and  other  guardians  maintained  by  the  Government  and 
states  will  form  the  nucleus  for  a  well-organized  fire  department,  and  with  well- 
defined  trails,  telephones,  signal  stations  and  other  modern  appliances,  they  will 
be  in  a  position  to  put  out  promptly  any  incipient  blaze ;  and  it  has  been  my  ex- 
perience that  great  fires  that  have  raged  for  days,  destroying  immense  quantities 
of  valuable  timber,  could  have  been  suppressed  in  their  first  stages  with  a  wet 
blanket.  As  soon  as  they  obtain  headway,  however,  no  power  on  earth  can  stay 
them,  and  they  must,  of  necessity,  run  their  course. 

"I  find,  also,  that  reserves  are  beneficial  to  owners  of  adjacent  property  in- 
asmuch as  they  afford  them  excellent  protecton  against  fires,  and  I  think,  under  the 
circumstances,  that  these  outside  owners  should  be  taxed  more  in  proporion  on 

Page   459 


that  account.  Anyhow,  they  ought  in  some  way  to  help  bear  the  extra  burden 
incident  to  the  maintenance  of  the  reserves  because  the  latter  certainly  give  their 
holdings  an  added  vaJue. 

"The  period  covered  by  the  months  of  July,  August,  September  and  Oc- 
tober embraces  the  most  dangerous  season  in  regard  to  fdVest  fires.  I  would 
suggest,  therefore,  that  during  this  spell  additional  rangers  should  be  employed. 
There  is  not  much  danger  at  any  other  time  of  the  year,  and  very  few  men  are 
needed.  Through  the  danger  period  referred  to,  patrols  should  be  posted  all 
around  the  reserve,  at  distances  of  ten  miles  apart,  while  on  the  high  peaks 
within  the  confines  of  the  reserve,  at  a  distance  say  of  20  miles  apart,  there 
should  be  signal  stations,  arranged  so  that  the  location  of  a  fire  could  be  deter- 
mined instantaneously,  as  too  much  importance  cannot  be  attached  to  the  matter 
of  quick  action  whenever  a  fire  is  discovered." 

The  system  pursued  by  the  Forestry  Service  in  the  management  of  the 
National  Reservations  contemplates  the  division  of  the  forests  of  the  country  into 
districts,  constituted  as  folows  : 

District  Xo.  1 — Montana,  Northern  Idaho,  Northwestern  Wyoming. 

District  No.  2 — South  Dakota,  Southeastern  Montana,  Eastern  Wyoming, 
Minnesota,  Nebraska,  Kansas,  Colorado,  Southeastern  Utah. 

District  No.  3 — Southern  Arizona,  Xew  Mexico,  Oklahoma. 

District  No.  A — Southern  Idaho,  Western  Wyoming,  Eastern  Nevada, 
Utah,  Northern  Arizona. 

District  No.  5 — California.  Western  Nevada. 

District  No.  6 — Washington,  Oregon,  Alaska. 

The  act  of  June  4,  1897,  provides  that  "any  mineral  lands  in  any  forest 
reservation  which  have  been  or  which  may  be  shown  to  be  such,  and  subject  to 
entry  under  the  existing  mining  laws  of  the  United  States  and  the  rules  and  reg- 
ulations applying  thereto,  shall  continue  to  be  subject  to  such  location  and  entry." 
notwithstanding  the  reservation.  This  makes  mineral  lands  in  the  forest  reserves 
subject  to  location  and  entry  under  the  general  mining  laws  in  the  usual  manner. 

The  act  also  provides  that,  "The  Secretary  of  the  Interior  may  permit, 
under  regulations  to  be  prescribed  by  him,  the  use  of  timber  and  stone  found 
upon  such  reservations,  free  of  charge,  by  bona  fide  settlers,  miners,  residents, 
and  prospectors  for  minerals,  for  firewood,  fencing,  buildings,  mining,  prospecting, 
and  other  domestic  purposes,  as  may  be  needed  by  such  persons  for  such  purposes  ; 
such  timber  to  be  used  within  the  State  or  Territory,  respectively,  where  such 
reservations  may  be  located." 

In  June,  1907,  a  Public  Lands  Convention  was  held  hi  Denver,  and  was 
attended  by  delegates  from  every  public  land  state  in  the  Union,  Colorado  being 
especially  well  represented,  as  it  was  apparent  that  the  representatives  from  that 
state  were  axious  to  control  the  convention,  and  force  through  a  set  of  resolutions 
calculated  to  create  the  impression  that  the  whole  country  was  up  in  arms  against 
the  President's  forestry  policy.  The  schemers  failed  lamentably  in  this  undertak- 
ing, however,  those  from  outside  states  being  sufficiently  aggressive  to  keep  down 
any  expression  of  extremely  hostile  sentiment,  and  the  publicity  given  the  pro- 
ceedings through  the  press  indicated  that  the  President  had  a  sufficient  number  of 
adherents  in  attendance  to  thwart  all  attempts  to  cast  discredit  upon  his  policies. 

This  convention  was  the  medium  for  a  wide  range  of  discussion  relative 
to  the  respective  merits  of  the  various  issues  involved,  and  called  forth  opinions 
from  every  section,  the  consensus  of  which  was  to  sustain  the  President's  policies 
upon  public  land  questions,  and  to  condemn  the  action  of  the  Colorado  delegation 
in  seeking  to  secure  the  adoption  of  expressions  from  the  general  body  that  re- 
flected nothing  more  than  local  feelings  of  prejudice.  On  the  last  day  of  this 
convention,  a  letter  was  read  by  Secretary  of  the  Interior  James  R.  Garfield,  from 
President  Roosevelt,  wherein  was  reflected  the  latter's  views  upon  the  questions 
coming  before  the  body.  The  President's  letter  follows  : 

Page   460 


There  has  been  placed  in  my  hands  a  paper  purporting  to  be  issued  by  the  pro- 
gramme committee  of  the  Public  Lands  Convention  to  be  held  at  Denver.  The  preliminary 
discussion  of  the  general  subject  in  this  paper  contains  several  statements  to  which  I 
desire  to  call  your  especial  attention,  as  they  not  merely  misrepresent  the  attitude  of  the 
Administration,  but  portray  that  attitude  as  the  direct  reverse  of  what  it  really  is. 

The  first  and  most  important  of  these  misstatements  is  to  the  effect  that  ther 
has  been  a  change  in  the  public  land  policy  of  the  Government,  which  change  will  result 
in  depriving  the  Western  States  of  the  right  to  settle  the  public  lands  with  American 
citizens.  This  allegation  directly  reverses  the  actual  facts.  The  course  the  Government 
is  now  pursuing  is  to  carry  out  the  traditional  home-making  policy  of  the  United  States 
as  to  its  public  lands.  The  men  most  interested  in  opposing  the  action  of  the  Administra- 
tion are  those  who  are  endeavoring  to  upset  the  traditional  course  of  the  Government,  and 
are  doing  all  in  their  power  to  turn  the  public  lands  over  to  be  exploited  by  rich  men 
and  powerful  corporations  whose  interests  are  hostile  to  those  of  the  homemakers. 

The  policy  of  the  present  Administration  has  steadily  been,  and  is  now  and  will  be, 
to  promote  and  foster  actual  settling,  actual  home-making  on  the  public  lands  in  every 
possible  way. 

We  have  incurred  the  violent  hostility  of  the  individuals  and  corporations  seeking 
by  fraud  and  sometimes  by  violence,  to  acquire  and  monopolize  great  tracts  of  the  public 
domain  to  the  exclusion  of  settlers.  The  beneficiaries  and  instigators  of,  or  participators 
in,  the  frauds,  of  course,  , disapprove  the  acts  of  the  Administration.  But  if  the  Adminis- 
tration's policy  is  upset,  the  one  man  who  would  be  irreparably  injured  would  be  the 
settler,  the  homemaker,  the  man  of  small  means  who  has  taken  up  a  farm  which  he 
intends  himself  to  work,  and  on  the  proceeds  he  intends  to  support  and  bring  up  his 
family. 

Lastly,  the  coal  lands  that  were  withdrawn  from  settlement  to  enable  Congress 
to  consider  a  law  to  protect  public  interests  against  the  coal  monopolies,  by  leasing  the 
rights  to  mine  the  coal.  Unfortunately,  Congress  failed  to  act  in  the  matter  and  most  of  the 
coal  lands  have  been  already  restored  to  entry,  while  the  remainder  are  being  restored  as 
rapidly  as  the  necessary  examinations  in  the  field  can  be  made. 

As  a  matter  of  actual  fact,  most  of  the  coal  lands  have  hitherto  been  taken  under 
some  forms  of  entry  other  than  those  of  the  coal  entry  laws,  and  in  many  cases  by  actual 
fraud.  The  Administration  will  certainly  renew  its  efforts  to  get  Congress  to  pass  a  law 
which  will  do  away  with  the  fraud. 

The  writers  of  this  programme  state  that  the  plan  of  Government  control  of  the 
range  submitted  to  Congress  last  winter  involved  the  perpetual  ownership  of  the  lands  by 
the  Government.  This  statement  is  not  in  accord  with  the  facts.  This  proposed  law 
specifically  provides  that  the  range  land  under  Government  control  should  be  open  to 
entry  or  location  under  all  of  the  public  land  laws  and  provided  in  every  way  for  the  protec- 
tion of  the  rights  of  the  settler.  As  a  matter  of  fact,  one  of  the  prime  reasons  for  advo- 
cating its  passage  is  because  if  enacted  it  will  safeguard  the  rights  of  the  homemaker  on 
the  public  range  far  more  effectively  than  they  are  now  safeguarded,  and  would  make 
settlement  easier  and  safer  than  it  can  possibly  be  under  present  conditions. 
Administration,  but  portray  that  attitude  as  the  direct  reverse  of  what  it  really  is. 

As  to  the  forest  reserves,  their  creation  has  damaged  just  one  class;  the  managers 
and  owners  of  great  lumber  companies,  which  by  illegal,  fraudulent  or  unfair  methods, 
have  desired  to  get  possession  of  the  valuable  timber  of  the  public  domain,  to  skin  the 
land,  and  to  abandon  it  when  impoverished  well  nigh  to  the  point  of  worthlessness. 

It  has  been  alleged  that  the  Government  intends  to  make  the  users  of  water  for 
irrigation  pay  for  their  water.  There  has  never  been  any  such  intention,  and  no  such 
course  will  ever  be  followed  while  the  present  Administration  is  in  existence.  But  owners 
of  water  power  within  National  forests  should  certainly  pay  something  for  the  valuable 
services  rendered  to  them  by  the  Government.  They  are  not  being  charged  and  cannot 
be  charged  for  the  water,  so  far  as  the  National  Government  is  concerned,  but  for  the 
protection  to  their  watersheds  which  they  themselves  would  have  to  bear  the  cost  of 
supplying  if  the  Government  did  not  supply  it  for  them. 

The  last  day  of  the  proceedings  at  the  Denver  convention  was  also  marked 
by  the  speech  of  Chief  Forester  Gifford  Pinchot,  wherein  the  head  of  the  Forestry 
Service  of  the  Government  set  forth  some  salient  facts  in  regard  to  the  conduct 
of  his  bureau.  In  the  course  of  his  remarks,  Mr.  Pinchot  said : 

' '  The  National  forest  policy,  as  we  now  have  it,  began  when  the  people  of  the 
United  States  themselves  began  to  realize  that  the  timber  was  being  cut  faster  than  it  was 
being  reproduced.  The  American  citizen  uses  wood  more  freely  and  depends  upon  it  for 
his  comfort  and  well-being  more  directly  than  the  citizen  of  any  other  nation.  Ours  is  a 
civilization  of  wood  as  much  as  it  is  of  coal  and  steel.  We  are  using  every  year  three 
times  as  much  wood  from  our  forests  as  they  are  growing.  A  great  timber  famine  is  not 
only  in  sight,  but  it  is  approaching  with  bewildering  speed. 

Page  461 


F-* 


"After  the  final  forests  (called  forest  reserves)  were  created  under  the  law  of 
March  3,  1891,  it  began  to  appear  that  a  few  rich  men  were  getting  hold  of  vast  areas  of 
public  timber  lands  often  by  methods  which  I  will  not  stop  to  describe.  These  men  saw 
not  only  that  there  was  going  to  be  a  great  shortage  of  timber,  but  also  that  when  the 
shortage  came  it  would  be  enormously  profitable  for  them  to  control  what  timber  there  was 
left.  Their  reasoning  was  good,  and  they  went  vigorously  to  carry  it  into  effect.  But 
President  Eoosevelt  was  awakened  to  the  situation.  He  saw  that  it  would  be  vastly  better 
to  have  some  of  the  timber  in  the  Government's  hands  for  the  benefit  of  all  the  people, 
rather  than  have  it  all  in  the  hands  of  a  few  great  owners  strictly  for  their  own  benefit. 
Action  was  needed.  He  acted,  and  created  many  million  acres  of  National  forests. 

"In  view  of  this  action  of  the  President,  taken  to  prevent  monopoly  and  conse- 
quent excessive  price  of  lumber,  it  is  curious  to  find  some  good  men  honestly  convinced 
that  the  creation  of  National  forests  is  a  bad  thing,  because,  they  say,  it  is  raising  the 
price  of  lumber  to  the  consumer.  It  is  the  general  scarcity  of  timber,  not  the  National 
forests,  that  is  raising  the  price  of  lumber  to  the  consumer,  and  this  is  proved  by  the  fact 
that  prices  have  risen  far  more  rapidly  in  the  East,  where  there  are  no  National  forests, 
than  in  the  West,  where  there  are  many. 

' '  Another  very  powerful  reason  stands  behind  our  forest  policy.  It  is  needed  to 
protect  the  watersheds  of  streams  used  for  irrigation,  for  domestic  water  and  manufactur- 
ing supply  and  for  transportation. 

' '  It  has  often  been  asserted  that  the  Government  is  trying  to  make  money  out 
of  the  National  forests.  This  is  a  profound  mistake.  The  forest  service  is  not  in  business 
in  the  ordinary  sense  of  the  word.  What  it  is  trying  to  do,  and  trying  hard,  is  to  make  the 
National  forests  pay  expenses  by  handling  theme  in  a  business-like  way. 

' '  The  returns  from  the  sale  of  timber  will  in  the  end  be  very  large.  We  can  and 
do  give  away  large  amounts  of  timber  to  the  small  man  who  is  making  his  home,  but  there 
is  only  one  safe  and  clean  way  to  dispose  of  timber  to  men  who  use  considerable  quantities 
of  it  in  their  business  and  that  is  by  auction  co  the  highest  bidder;  then  there  can  be  no 
question  of  favoritism  or  graft. 

"The  case  of  the  range  in  the  National  forests  is  wholly  different.  The  charge  for 
range  amounts  to  but  a  small  fraction  of  its  actual  market  value.  The  range,  however,  is 
not  a  transportable  commodity  like  timber.  It  must  be  used  by  the  people  who  live  reason- 
ably nearby  and  it  has  been  in  use  by  them. 

' '  The  effect  of  range  protection  in  the  national  forests  is  already  strikingly  evident. 
In  many  localities  it  has  been  possible  to  increase  the  number  of  stock  carried  because  of 
marked  improvements  of  the  range  under  more  reasonable  use.  Very  much  of  the  range  in 
the  National  forests  was  badly  overgrazed.  It  is  recovering,  on  the  whole,  with  most  grati- 
fying rapidity. 

' '  The  protection  of  the  forest  and  the  protection  of  the  range  by  wise  use  are  two 
divisions  of  a  problem  vastly  larger  and  more  important  than  either.  This  is  the  problem 
of  the  conservatism  of  all  our  National  resources.  This  is  the  basic  problem,  and  it  is  a 
very  practical  and  definite  one.  If  we  conserve  our  natural  resources  we  shall  prosper.  If 
we  destroy  them,  no  amount  of  success  in  any  other  direction  will  keep  us  prosperous.  It 
is  the  question  both  of  the  present  and  the  future." 

Discussing  this  feature  of  the  situation, '  the  Portland  Oregonian,  in  an 
editorial  published  June  21,  1907,  under  the  caption  of  "The  People  and  the 
Forests,"  and  evidently  written  by  some  person  in  full  touch  with  the  facts,  had 
this  to  say : 

Control  and  disposition  of  the  public  lands  is  one  of  the  most  important  problems 
now  before  the  American  Government,  for  we  have  reached  a  period  in  our  development 
when  control  of  natural  products  vitally  affects  the  personal  and  business  interests  of  all 
the  people.  That  the  public  land  should  be  given  free  to  the  people  has  long  been  one  of 
our  most  cherished  principles.  This  principle  was  based  upon  the  theory  that  free  land 
meant  cheap  homes  and  consequently  many  homebuilders.  To  the  extent  that  free  land, 
or  even  cheap  land,  increases  the  number  of  home-owners  who  get  their  living  from  the  land 
they  have  thus  acquired,  the  policy  of  giving  away  the  public  domain  is  a  wise  one  and 
has  never  been  seriously  questioned  or  attacked.  But  there  are  different  kinds  of  public 
land  and  different  purposes  for  which  ownership  is  desired.  The  public  land  policy  was 
framed  at  a  time  when  the  Great  West  meant  the  prairie  region  east  of  the  Eocky  Moun- 
tains, where  the  settler  could  build  his  cabin,  plow  the  sod,  sow  the  grain  and  raise  a  crop 
the  second  season,  if  not  the  first,  after  settlement.  The  expression  "public  land"  con- 
veyed a  mental  picture  of  land  that  could  be  tilled  or  that  was  suitable  for  home-building. 
While  it  was  then  known  in  a  general  way  that  much  of  the  public  domain  was  timbered  or 
contained  deposits  of  coal,  the  ultimate  value  of  these  natural  products  was  not  appreciated. 
Heavily  timbered  land  was  scarcely  considered  in  forming  the  policy  which  contemplated 
the  giving  away  of  the  public  domain  to  home-builders. 

In  recent  years,  however,  we  have  come  to  realize  the  value  of  timber  and  coal 
lands,  und  understand  that  purchasers  of  either  do  not  seek  the  land  with  a  view  to  building 

Page  463 


homes  thereon.  We  now  perceive  that  the  public  land  policy,  as  it  applies  to  tillable  land, 
should  be  different  from  the  policy  that  determines  the  disposition  of  timber  and  coal 
lands.  The  man  who  acquires  tillable  land  usually  expects  to  go  upon  it  and  make  it  pro- 
ductive. The  man  who  acquires  timber  land  hopes  to  sell  it  to  some  large  corporation.  The 
corporation,  founded  by  men  who  foresee  a  scarcity  of  timber,  expects  to  hold  the  timber 
land  until  it  has  greatly  enhanced  in  value.  The  wait  may  be  ten.  twenty-five  or  fifty 
years,  but  the  certainty  of  advancing  value  makes  the  purchase  a  safe  speculative  invest- 
ment. Much  of  the  timber  land  goes  into  the  possession  of  corporations  that  do  not  desire 
it  for  milling  purposes,  but  expect  to  make  a  profit  by  reason  of  the  future  conditions  of 
supply  and  demand.  Tillable  land  goes  to  the  people — timber  land  to  the  capitalistic  few 
who  expect  to  levy  tribute  upon  the  people  who  eventually  must  buy  the  timber  in  the 
form  of  lumber. 

Out  of  this  difference  in  the  character  and  the  purposes  for  which  it  is  acquired 
has  grown  the  forest  reserve  policy,  which  contemplates  the  reservation  of  lands  not  suited 
to  homebuilding  but  which  are  either  valuable  for  present  growth  of  timber  or  may  become 
valuable  when  trees  now  young  reach  maturity.  To  prevent  wanton  destruction  of  timber. 
young  and  old,  and  to  retain  ownership  in  the  Government,  is  the  end  to  be  accomplished 
by  the  forest  reserve  policy.  At  no  time  has  the  reserve  policy  contemplated  the  withhold- 
ing of  lands  suited  to  settlement  or  the  withholding  of  timber  needed  for  the  manufacture 
of  lumber.  The  forest  reserve  policy  therefore  includes  neither  the  retarding  of  settlement 
nor  the  hampering  of  the  lumber  industry.  Incidentally,  the  forest  reserve  policy  extends 
to  the  regulation  of  grazing  on  a  reservation,  the  building  of  roads,  cutting  of  timber,  etc. 

It  would  be  easy  to  foresee  that  the  forest  reserve  idea  would  meet  strong  opposi- 
tion from  those  persons  who  wish  to  acquire  timber  lands  and  those  who  wish  to  graze  their 
cattle  upon  the  public  domain  unrestricted.  The  capitalist  with  money  to  invest  can  see 
no  good  in  a  forest  reserve.  The  cattle  owner  who  feels  confident  of  getting  his  share  of 
the  range,  if  left  to  his  own  devices  entirely,  has  no  word  of  commendation  for  a  system 
of  regulation  which  guarantees  to  a  weaker  cattleman  a  just  share  of  the  public  range. 
One  would  expect,  too,  that  the  great  majority  of  the  people,  who  have  no  interest  except 
that  possessed  by  every  citizen,  would  favor  the  forest  reserve  system,  for  it  proposes  to 
retain  for  them  the  vast  wealth  that  is  theirs. 

That  there  has  been  strong  opposition  to  the  forest  reserve  idea  is  due  in  part  to 
the  abuses  which  were  permitted  to  grow  up  in  it,  chief  among  them  the  scripping  evil. 
which  enabled  large  corporations  to  exchange  their  worthless  lands  for  good  and  still  retain 
their  good  lands  within  a  reserve.  In  a  few  instances  some  lands  may  have  been  in- 
cluded in  a  forest  reserve  which  should  have  been  omitted.  This,  with  some  inconvenience 
in  securing  grazing  permits,  may  have  caused  some  opposition  to  the  reserves.  But.  in  the 
main,  the  fight  now  being  waged  in  the  public  lands  convention  at  Denver  against  the 
policy  of  conserving  the  public  lands  has  its  origin  in  the  selfish  desires  of  men  who  want 
free  timber  or  free  range.  The  forest  system  undoubtedly  has  its  faults,  but  its  defects 
are  not  serious  enough  to  justify  throwing  down  the  lines  of  the  reservations  and  permit- 
ting all  who  wish  to  rush  upon  the  last  of  the  timber  lands,  seizing  them  in  sections  and 
townships  to  hold  until  the  needs  of  the  people  and  the  concentration  of  control  shall  en- 
able the  holders  to  dictate  the  price  of  lumber  There  are  some  indications  of  an  effort 
on  the  part  of  the  timber  interests  to  control  the  convention  and  determine  its  expressions 
upon  public  land  questions.  If  such  a  movement  has  been  undertaken  and  should  succeed, 
the  opinions  voiced  by  the  convention  would  have  but  little  weight  with  the  people.  On 
the  contrary,  it  would"  tend  to  make  them  more  than  ever  supporters  of  the  policy  which 
is  designed  to  retain  for  the  people  tne  land  that  belongs  to  them. 

The  argument  offered  that  the  creation  of  a  forest  reserve  withholds  land  from  tax- 
ation is  a  shallow  one.  If  a  timber  syndicate  can  afford  to  buy  a  township  of  timber  and 
pay  taxes  on  it  for  ten  years  in  order  to  make  a  profit  on  the  advance  in  value,  cannot 
the  people  afford  to  retain  that  same  land  and  go  without  the  taxes  in  order  to  realize  the 
profit  on  the  advance  in  value,?  Wherein  are  the  people  gainers  if  they  lose  the  large 
profit  represented  by  growing  value,  and  gain  the  small  amount  of  money  paid  in  the  form 
of  taxes!  And  more — wherein  have  the  people  profited  if  they  sell  the  standing  timber 
to  a  speculator  today  and  buy  it  back  from  him  ten  or  twenty  years  hence  at  many  times 
the  price  he  paid!  If  a  sawmill  proprietor  needs  logs  for  his  mill,  let  him  buy  from  the 
people's  supply  of  timber  at  prices  that  prevail  today;  but  let  him  not  buy  the  timber  ?n 
large  tracts  at  present  prices  to  hold  until  he  can  exact  from  the  people  a  much  larger 
price  because  he  controls  the  supply. 

The  forestry  policy  of  the  National  Government,  more  popularly  known  as  Presi- 
dent Boosevelt's  forestry  policy,  is  all  that  stands  in  the  way  of  ultimate  annihilation  of 
the  American  forests,  according  to  the  arguments  presented  by  Assistant  Forester  Sher- 
rard,  in  an  article  appearing  in  the  Agricultural  Yearbook  for  1906. 

The  forestry  question  has  been  argued  pro  and  con  for  such  a  long  time  that  its 
main  features  are  well  understood,  but  the  subject  has  never  been  discussed  from  a  practi- 
cal business  standpoint  more  clearly  than  in  the  article  in  question.  In  his  paper  entitled 
•  •  National  Forests  and  the  Lumber  Supply. ' '  Mr.  Sherrard  reviews  briefly  the  history  of 
Eastern  forests,  showing  that  Maine  and  New  York,  once  the  great  lumber  centers  of  the 
United  States,  long  ago  dropped  out  of  sight  as  lumber  producers  when  their  forests  were 

Page  464 


James  Rudolph  Garfield,  Secretary 
of  the  Interior 


all  but  destroyed,  and  now  produce  lumber  for  little  else  than  wood  pulp.  The  lumbermen 
moved  over  to  the  Great  Lakes  region  and  there  wrought  the  same  havoc  that  marked  their 
progress  in  the  virgin  forests  of  New  England  and  New  York.  Finally  the  forests  of  the 
lake  region  were  denuded  of  all  their  desirable  timber  and  the  manufacturers  scattered, 
some  to  the  South  which  had  been  but  little  exploited  15  years  ago,  and  others  to  the  Pa- 
cific Coast.  It  was  not  until  they  reached  the  Coast  that  they  encountered  the  Govern- 
ment's  forestry  policy,  and  it  has  only  been  within  the  last  year  "or  so  that  the  lumber 
manufacturers  have  found  it  necessary  to  go  into  reserves  and  buy  up  timber  at  a  fair 
stumpage  value.  Yet  the  time  is  coming  when  the  demand  for  reserved  timber  will  assume 
large  proportions. 

But  even  before  that  time,  it  is  argued  by  the  wri'er  that  the  reserves,  or  National 
forests,  as  they  are  now  called,  will  act  as  a  regulator  of  tne  price  of  timber  in  the  forest, 
in  that  they  will  compel  the  payment  of  a  fair  price  for  private  stumpage  during  the  pres- 
ent days  of  plenty  on  the  Coast,  and  will  act  as  a  restraint  against  exorbitant  prices  when 
the  timber  in  private  ownership  has  largely  disappeared.  All  in  all,  the  article  presents  a 
number  of  forceful  arguments. 

The  following  extracts  present  the  salient  features: 

"The  old  process  of  exhausting  the  supply  of  timber  in  a  region  and  then  seeking 
new  fields  is  very  nearly  over.  Already  the  industry  is  turning  back  on  its  tracks.  A 
quality  of  timber  is  eagerly  sought  in  the  Lake  States  which  a  few  years  ago  was  passed 
over  as  utterly  worthless,  and  certain  sawmills  have  depended  for  a  part  of  their  supply 
upon  the  recovery  of  logs  which  have  sunk  in  the  waterways  in  process  of  transportation. 
In  the  South  the  whole  pine  region  is  being  gone  over  in  close  search  of  the  old  field  pine. 
This  inferior  and  once  despised  growth  of  timber  is  now  bought  up  at  prices  greatly  in 
excess  of  those  once  paid  for  the  magnificent  timber  of  the  virgin  forests 

"Great  improvement  in  logging  and  sawmill  machinery,  signal  success  in  reducing 
the  waste  in  manufacture,  wonderful  railroad  extension,  concentration,  and  systematic 
organization  of  producers  to  reach  the  consumer  most  effectively  through  the  markets, 
have  all  combined  to  cheapen  the  cost  of  production  and  increase  the  profit  in  the  lumber 
business.  Yet  the  price  of  lumber  has  never  before  been  as  high  as  in  the  year  1906. 
This  increased  price  is  in  spite  of  an  increased  production  which  it  taxes  the  railroads  to 
transport. 

'  •  The  price  of  stumpage  is  far  more  stable  than  that  of  lumber,  and  responds  very 
tardily  to  fluctations  in  the  lumber  market.  The  usual  policy  of  disposing  of  Federal  and 
State  timber  for  practically  nothing  has  acted  powerfully,  particularly  in  the  West,  to 
keep  the  selling  price  of  stumpage  far  below  its  legitimate  value.  It  is  not  surprising  that 
it  has  always  been  impossible  for  the  bulk  of  the  owners  of  timber  to  have  a  broad  vi«-\v 
of  the  lumber  industry  and  close  acquaintance  with  the  lumber  market,  for  most  of  the 
cost  of  producing  lumber  lies  in  logging  and  manufacture,  and  the  margin  of  profit  has 
varied  widely.  The  price  of  stumpage  has  always  been  artificially  depressed,  and  has 
lagged  far  behind  the  constantly  increasing  value  of  lumber. 

"The  timber  and  stone  act  provides  for  the  purchase  of  public  timberland  at  the 
uniform  price  of  $2.50  per  acre.  The  purpose  of  Congress  in  enacting  this  law  was  to 
make  it  possible  for  settlers,  miners,  and  other  actual  users  of  timber  to  satisfy  their  needs. 
Records  of  the  General  Land  Office  show  that  in  1904  over  55,000  entries  had  been  made 
under  this  act.  covering  an  area  of  nearly  8,000,000  acres.  Probably  10,000,000  acres  >f 
carefully  selected  public  timberland  has  by  this  time  passed  into  the  control  of  private 
owners  under  this  law  alone. 

"It  is  well  known  that  most  of  the  entries  under  this  law  have  been  made,  indirectly. 
by  nonresidents  for  speculation.  And  the  great  bulk  of  the  entries  have  almost  immediate- 
ly passed  into  the  hands  of  timber  syndicates,  with  profit  to  the  original  entrymau 
amounting  to  no  more  than  bare  wages.  Thus  the  law  has  reacted  greatly  to  the  disad 
vantage  of  the  very  classes  whom  it  was  intended  to  help,  and  the  bona  fide  settler  and 
miner  and  the  small  sawmill  man  have  seen  the  public  timber  rapidly  withdrawn  and  pass 
into  the  hands  of  speculative  syndicates. 

"The  land  laws,  while  they  have  provided  for  the  rapid  disposal  of  public  timber- 
lands,  have  tended  strongly  to  the  segregation  of  large  holdings  of  timberland  for  specu- 
lative purposes. 

"Money  receipts  from  the  sale  of -timber  for  the  fiscal  year  ended  June  30,  1905. 
were  $50.000.  During  the  present  fiscal  year  receipts  from  timber  sold  will  probably  exceed 
$500,000.  and  contracts  for  the  sale  of  timber,  extending  from  one  to  five  years,  will  reach 
a  value  of  over  $1,500,000. 

• '  The  money  return  which  the  Government  realizes  from  these  sales  is  in  striking 
contrast  to  that  received  from  the  sale  of  timberland  under  the  land  laws.  Under  the 
timber  and  stone  act  timberland  could  be  bought  for  $2.50  per  acre,  and  under  the  lieu  land 
law  it  could  be  acquired  in  exchange  for  denuded  and  worthless  land  without  money  pay- 
ment. Timber  from  the  forests  is  now  purchased  by  the  thousand  board  feet,  and  payment 
is  made  upon  the  actual  scale  of  the  logs  when  cut.  The  cut  varies  from  5000  to  20.000 
feet  per  acre,  so  that,  at  the  comparatively  low  stumpage  rate  of  $2.50  per  thousand  feet. 
the  Government  receives  from  five  to  20  times  as  much  for  the  timber  as  it  received  under 
the  timber  and  stone  act  and  retains  the  land.  To  cite  a  single  example:  A  sale  of 

Page  466 


12,000,000  feet  of  timber  was  recently  made  on  a  National  forest  in  Wyoming,  at  the  rate 
of  $5  per  thousand  feet.  The  proceeds  from  the  sale  of  the  timber  alone  will  be  $60,000. 
Tho  timber  averages  8000  feet  per  acre  and  covers  1500  acres.  Had  the  sale  been  made 
under  the  timber  and  stone  law  it  would  have  yielded  but  $3750  for  both  timber  and  land. 
"It  might  be  argued  that  the  Government  is  not  in  the  lumber  business  and  that 
it  should  dispose  of  its  remaining  timberlands  as  rapidly  as  possible,  leaving  it  to  private 
enterprise  to  exploit  them.  But  public  opinion  is  emphatically  in  favor  of  a  more  con- 
servative use  of  what  remains  of  the  National  forests  than  would  be  possible  were  they 
turned  over  to  lumber  companies,  whose  sole  concern  would  be  their  quick  conversion  into 
cash.  The  Government  has  been  forced  into  the  lumber  business  solely  that  a  supply  of 
forest  products  may  be  guaranteed  to  future  generations. 

"Probably  65  per  cent  of  the  total  stand  of  merchantable  timber  within  the  forests 
is  located  on  the  Pacific  Coast,  where  for  a  long  time  the  enormous  supply  of  privately- 
owned  timber  will  satisfy  most  of  the  demand.  This  more  accessible  private  timber  sur- 
rounded the  forest  as  the  meat  of  an  apple  surrounds  the  core.  But  this  belt  of  private 
timber  has  been  entirely  eaten  away  in  many  places,  while  in  others  it  is 
locked  up  for  the  purpose  of  speculation.  The  thing  to  remember,  then,  is  that 
this  immense  body  of  public  timber  is  there  as  a  great  reserve  against  the  time 
when  private  timberlands  will  be  depleted,  and  for  use  as  a  weapon  against  monopoly. 
Already,  even  on  the  Pacific  Coast,  actual  operators,  who  are  not  speculating  in  timber, 
but  who,  if  they  are  to  meet  the  demands  of  commerce,  must  have  logs  to  supply  their 
mills,  are  turning  to  the  National  forests. 

"The  advantages  in  the  purchase  of  timber  from  the  National  forests  to  the  actual 
operator,  and  especially  to  the  sawmill  man  of  small  means,  are  many.  There  is  no  large 
initial  investment  required  in  acquiring  timberlands  and  no  possibility  of  annoying  litiga- 
gation  over  defective  title  to  lands.  The  purchaser  is  entirely  relieved  of  taxes  and  the 
cost  of  protection.  The  Government  assumes  the  entire  risk  of  loss  by  fire  or  other  causes. 

' '  The  first  effect  of  National  forests  upon  prices,  particularly  where  there  is  still 
a  great  deal  of  available  timber,  is  to  raise  the  price  of  stumpage  toward  its  intrinsic 
value  by  withdrawing  the  excess  supply  of  low-priced  timber  from  the  market.  On  the 
other  hand,  as  the  supply  of  timber  dwindles  and  values  are  forced  upward  by  holding  for 
speculation,  the  effect  of  the  forests  will  be  to  check  advance  in  prices  and  make  them 
lower. 

"In  the  Kocky  Mountain  states  and  territories  the  major  part  of  the  small  re- 
maining supply  of  timber  is  in  the  National  forests,  and  here  their  beneficial  effect  upon 
the  lumber  supply  may  be  more  plainly  seen  than  on  the  Pacific  Coast.  The  demand  for 
timber  from  the  forests  throughout  this  region  has  come  very  generally  from  small  saw- 
mills which  supply  towns  and  ranches  located  off  the  railroads  and  from  mines  which  use 
the  timber  for  their  own  development. 

"From  the  forester's  standpoint,  mature  timber  should  be  cut  in  order  to  give  the 
small  trees  more  light  and  a  chance  to  grow  and  to  make  way  for  reproduction.  From 
the  standpoint  of  National  economy,  the  mature  timber  on  the  forests  should  be  utilized  as 
needed  for  the  development  of  the  West,  provided  the  local  supply  is  not  reduced  below 
the  point  of  safety.  The  whole  weight  of  the  movement  in  favor  of  National  forests  is 
squarely  against  a  reckless  use  of  the  timber  resources,  but  it  is  emphatically  in  favor  of 
the  legitimate  use  of  timber.  The  points  of  vital  importance  are  that  the  remaining  supply 
of  timber  must  be  used  with  the  utmost  economy  and  that  in  every  case  reproduction  must 
be  absolutely  assured. 

"Far  beyond  the  present  influence  of  the  National  forests  upon  the  lumber  supply 
will  be  their  importance  in  the  future.  The  United  States  is  now  facing  a  serious  decrease 
in  the  available  supply  of  timber.  That  from  the  National  forests  will  aid  greatly  to 
bridge  over  the  period  of  inevitable  lack  of  mature  timber  which  will  last  from  the  time 
the  old  trees  are  gone  until  the  young  trees  are  large  enough  to  take  their  places.  The 
definite  result,  therefore,  of  the  sale  of  timber  from  the  forests  will  be  to  sustain  the  lum- 
ber business,  to  maintain  a  steady  range  of  timber  values,  and  thus  to  lessen  speculation, 
and  far  more  important  still,  to  render  possible  the  uninterrupted  development  of  the 
great  industries  dependent  upon  wood." 

Ample  provision  has  been  made  in  the  Act  of  June  11,  1906,  for  the  acqui- 
sition of  title  to  any  lands  in  forest  reserves  found  to  be  agricultural  in  character. 
It  is  provided  that  the  Secretary  of  Agriculture  may  in  his  discretion,  upon  appli- 
cation or  otherwise,  examine  and  ascertain  as  to  the  location  and  extent  of  land 
within  permanent  or  temporary  forest  reserves,  except  the  following  counties  in 
the  State  of  California:  Inyo,  Tulare,  Kern,  San  Luis  Obispo,  Santa  Barbara, 
Ventura,  Los  Angeles,  San  Bernardino,  Orange,  Riverside  and  San  Diego,  which 
are  chiefly  valuable  for  agriculture,  and  which,  in  his  opinion,  may  be  occupied 
for  agricultural  purposes  without  injury  to  the  forest  reserves,  and  which  are  not 
needed  for  public  purposes,  and  may  list  and  describe  the  same  by  metes  and 

Page  467 


bounds,  or  otherwise,  and  file  the  lists  and  descriptions  with  the  Secretary  of  the 
Interior,  with  the  request  that  the  said  lands  be  opened  to  entry  in  accordance  with 
the  provisions  of  the  homestead  laws  and  the  aforesaid  act. 

Upon  the  filing  of  any  such  list  or  description,  the  Secretary  of  the  In- 
terior shall  declare  the  said  lands  open  to  homestead  settlement  and  entry  in  tracts 
not  exceeding  160  acres  in  area  and  not  exceding  one  mile  in  length,  at  the  expi- 
ration of  60  days  from  the  filing  of  the  list  in  the  land  office  of  the  district  within 
which  the  lands  are  located,  during  which  period  the  list  or  description  shall  be 
prominently  posted  in  the  land  office  and  advertised  for  a  period  of  not  less  than 
four  weeks  in  some  newspaper  of  general  circulation  published  in  the  county  in 
which  the  lands  are  situated. 

Patent  may  be  obtained  within  five  years  from  the  date  of  settlement  by 
the  entryman  making  proof  showing  a  compliance  with  the  act  in  question. 


Scene  im  the  Sunset  oil  fields,  Kern 
county,  California 


Pag*  468 


Chapter  XXX 


story  of  Siletz — Hotv  the  Indians  zvcre  robbed  of  their  homes  for  the 
benefit  of  palefaced  looters,  under  the  guise  of  treaty  rights — The  scheme 
to  open  the  reservation  to  settlement  under  a  special  'homestead  law  merely 
a  cloak  for  grabbing  the  timber  by  dishonest  methods,  as  only  a  fezv 
entrymen  were  acting  in  good  faith — The  part  United  States  Senator 
Fulton,  of  Oregon,  took  in  the  game  of  trying  to  induce  the  Secretary 
of  the  Interior  to  expedite  the  issuance  of  patents  to  the  bogus  entries  of 
Willard  N.  Jones — How  old  soldiers  vjere  lured  into  committing  perjury 
by  the  clink  of  land  fraud  gold — Fulton's  senseless  zvarfare  on  William 
C.  Bristol  prevents  the  latter  from  being  confirmed  as  United  States 
Attorney  for  Oregon,  and  also  helps  materially  in  the  overthrow  of  Fulton 
at  the  polls. 

A  SSOCIATED  with  the  restoration  of  public  entry  and  the  subsequent  alleged 
,/-\     settlement  of  the  former  Siletz  Indian  reservation,  situated  on  the  West- 
ern coast  of  Oregon,  is  a  story  of  intrigue  from  the  moment  of  inception  of 
the  idea  of  throwing  this  vast  domain  upon  the  market,  down  to  the  time  when 
some  of  those  involved  in  the  plundering  scheme  to  acquire  title  to  the  lands  in 
a  fraudulent  manner  have  stood  palefaced  before  the  bar  of  justice  and  listened 
to  the  scathing  rebukes  of  a  committing  magistrate. 

There  must  be  something  in  the  irony  of  fate  when  All-Hallowe'en's  Day 
was  selected  by  the  representatives  of  the  Government  for  concluding  a  treaty 
with  those  who  had  held  almost  undisputed  possession  of  the  wilderness  since 
time  immemorial.  Perhaps  they  regarded  it  as  a  period  when  gobblins  might  be 
holding  high  carnival  within  the  confines  of  the  dense  forests,  and  it  would  be  an 
auspicious  occasion  for  appealing  to  the  imagination  of  the  aboriginess,  to  the 
end  that  they  might  be  induced,  by  glittering  promises,  to  barter  their  heritages 
for  a  song. 

At  all  events,  on  October  31,  1892,  a  treaty  agreement  was  entered  into, 
according  to  the  official  records,  between  Reuben  P.  Boise,  William  H.  Odell, 
'(he  of  Oregon  State  School  land  notoriety)  and  H.  H.  Harding,  Commissioners 
on  the  part  of  the  United  States,  and  the  chiefs,  headmen  and  other  male  adults 
of  the  Alsea  and  kindred  tribes  residing  upon  the  Siletz  Reservation,  whereby 
the  Indians  disposed  of  all  their  holdings,  aggregating  ten  full  townships  in  ex- 
tent, and  embracing  some  of  the  finest  timber  in  the  world,  for  the  paltry  sum  of 
$142,000 !  What  the  Indians  were  coaxed  into  giving  for  this  comparatively 
insignificant  amount  represents  an  area  equivalent  to  about  1,300  homestead 
claims  of  160  acres  each,  or  practically  200,000  acres  in  round  numbers,  and  is 
worth  today  at  a  conservative  estimate,  more  than  $8,000,000!  If  Uncle  Sam 
could  do  as  well  on  all  his  real  estate  investments,  he  could  afford  to  retire,  sat- 
isfied with  his  sagacity,  if  not  his  conscience. 

The  territory  ceded  comprises  the  four  tiers  of  townships  from  the  center 
of  Township  6  South  to  the  center  of  Township  10  South,  and  from  the  western 
bounds  of  Range  8  West  to  the  Pacific  ocean.  Not  more  than  one  township  was 
reserved  for  Indian  allotments,  and  from  this  congested  district  must  come  the 
miserable  existence  of  a  race  that  has  been  referred  to  poetically  in  the  dim, 
distant  past  as  the  "noble  redmen  of  the  forest" — after  they  have  been  further 
robbed  by  designing  whites — until  such  time  as  the  last  one  has  answered  the 
final  call  to  the  happy  hunting  grounds,  and  his  memory  lives  only  as  a  tradition 
of  wrong. 

Page  469 


The  humble  home  of  Daniel  Clark,  who  filed  on  a  claim  in  the  Siletx  country.     At  the  Jones-Clark 

trial  Clark  confessed  to  having  induced  numerous  members  of  the  G.  A.  R.  to 

perjure  themselves  in  an  effort  to  fraudulently  acquire  title  to  a 

large  body  of  timber  land  on  the  former  Siletx  Indian 

Reservation  in  the  interest  of  Willard  N.  Jones 

Another  important  epoch  in  history  was  observed  in  the  next  step  in  the 
proceedings  when  Congress  ratified  this  unfair  bargain  on  the  anniversary  of 
the  birth  of  Napoleon  Bonaparte — August  15,  189-1 — so  it  has  been  a  sort  of 
milestone  proposition  all  the  way  through,  as  if  some  mystical  power  had  a  hand 
in  branding  human  memory  with  the  impress  of  perfidy. 

At  high  noon  on  July  25,  1895,  the  reservation  was  thrown  open  by  Exe- 
cutive proclamation.  By  Act  of  Congress  of  August  15.  1894  (28  Stats.  326  i 
the  treaty  had  been  ratified,  and  the  same  Act  contained  the  following  provision 
for  the  disposition  of  the  lands: 

1 '  The  mineral  land  shall  be  disposed  of  under  the  laws  applicable  thereto,  and  the 
balance  of  the  land  so  ceded  shall  be  disposed  of  until  further  provided  by  law  under  the 
townsite  law  and  under  the  provisions  of  the  homestead  law;  Provided,  however,  that  each 
settler,  under  and  in  accordance  with  the  provisions  of  said  homestead  laws  shall,  at  the- 
time  of  making  his  original  entry,  pay  the  sum  of  fifty  cents  per  acre  in  addition  to  the 
fees  now  required  by  law.  and  at  the  time  of  making  final  proof  shall  pay  the  further  sum 
of  one  dollar  per  acre,  final  proof  to  be  made  within  five  years  from  the  date  of  entry. 
and  three  years'  actual  residence  on  the  land  shall  be  established  by  such  evidence  as  is 
now  required  in  homestead  proofs  as  a  prerequisite  to  title  or  patent. ' ' 

This  Act  has  not  been  changed  in  any  particular,  except  that  the  payment 
of  $1.50  an  acre  by  the  settler  was  dispensed  with  by  the  Act  of  Congress  of  May 
17,  1900  (31  Stats..  179). 

\\~hile  these  lands  have  been  thrown  open  for  settlement  for  nearly  fourteen 
years,  many  of  the  townships  were  unsurveyed  at  the  date  of  the  proclamation. 
Official  surveys  have  been  made  from  time  to  time  ever  since,  so  that  at  the  present 
time  only  one  whole  township  and  portions  of  two  others  remain  unsurveyed. 

Page  470 


Palatial  residence  of  a  Siletz  homesteader 
Notwithstanding  several  fraud  reports 
from  honest  special  agents,  Com- 
missioner Ballinger  passed 
the  entry  to  patent 


Xo  sooner  was  a  township  survey- 
ed than  it  was  quietly  gobbled  up  by 
alleged  settlers  under  the  special  home- 
stead Act  created  by  Congress  for  their 
so-called  benefit.  The  whole  proceedings 
looking  to  the  disposition  of  these  lands 
\vas  a  mistake  from  the  beginning.  In 
the  first  place,  the  country  is  of  such 
general  character  that  no  person  could 
ever  make  his  living  there  by  cultivation 
of  the  soil,  as  it  would  take  a  lifetime  to 
develop  any  kind  of  respectable  clearing. 
As  a  matter  of  fact,  the  region  is  a  vast 
jungle,  impenetrable  to  a  greater  degree 
than  any  portion  of  the  heart  of  Africa, 
and  it  has  been  estimated  that  it  would 
cost  fully  $300  an  acre  to  clear  the  land. 

It  is  essentially  a  magnificent  for- 
est, and  as  such  should  have  been  pre- 
served by  the  Government,  allowing  the 
few  surviving  Indians  therein  to  retain 
possession  of  their  own.  They  could  do 
no  harm  by  their  occupancy,  but  on  the 
contrary,  were  capable  of  accomplishing 
a  great  deal  of  good,  as  they  would  nat- 
urally take  a  pride  in  preserving  it  from 
devastating  fires,  thus  affording  a  con- 
tinuous protection  to  the  watershed,  and 
thus  operating  to  the  material  benefit  of 
the  climate  of  the  Western  coast  of  the 
State.  Provision  should  have  been  made 
for  the  sale  of  the  ripened  timber  to  the 
highest  bidder  in  an  open  market,  and  in 


this  way  the  Government  could  have  secured  a  revenue  sufficient  to  have  main- 
tained the  reserve  for  all  time.  Wild  game  could  thrive  there  almost  unmolested 
throughout  the  closed  season,  and  eventually  the  region  would  have  become  one 
of  the  world's  greatest  hunting  grounds. 

But  there  was  design  on  the  magnificent  timber  from  the  very  start,  and 
the  proposition  to  throw  the  reservation  open  for  settlement  under  the  farcical 
Homestead  Act  quoted,  was  merely  a  ruse  to  cloak  the  real  motives  of  those  in- 
terested, who  figured  wisely  that  few  honest  claimants  would  attempt  to  comply 
with  the  prohibitive  conditions  of  the  law,  and  go  there  with  the  idea  of  making 
a  home  in  every  sense  of  the  word.  With  only  one  method  of  acquiring  a  legal 
foothold,  hundreds  of  men,  and  not  a  few  women,  were  found  base  enough  to 
lend  themselves  to  the  scheme  of  the  looters,  and  even  old  soldiers,  who  had  shed 
their  blood  on  the  battlefields  of  their  country,  were  lured  into  committing  perjury 
by  the  fascination  of  the  plunderers'  gold.  Most  of  them  established  a  quasi 
right  in  a  manner  that  it  were  a  vain  pity  to  call  residence,  and  was  seemingly 
done  more  for  the  purpose  of  maintaining  a  franchise  on  the  right  of  possession, 
than  through  any  honest  effort  to  make  a  permanent  settlement. 

Here  it  was  that  Willard  N.  Jones,  himself  the  son  of  a  distinguished  officer 
of  the  Rebellion,  and  honored  in  his  own  name  by  the  gift  of  political  favor, 
discarded  all  his  claims  to  good  citizenship  by  employing  such  methods  to  acquire 
these  titles  that  has  made  him  a  candidate  for  prison  bars.  His  scheme  contem- 
plated the  location  of  a  large  area  by  process  of  "dummy"  entrymen,  and  to  the 
shame  of  all  concerned,  these  were  drawn  mostly  from  the  ranks  of  old  soldiers, 


Page   471 


Ira  Wade,  County  Clerk  of  Lincoln  County,  who  bears  the 

distinction  of  being  the  only  person  acquitted  of  Oregon 

land  frauds  in  any  case  prosecuted  by  Heney 

Wade  was  involved  with  Jones  and 

Potter  in  the  Siletz  matter 

members  of  the  G.  A.  R.,  who  were  tempted  and  fell.  Scores  of  this  class  invaded 
the  forests  and  staked  out  what  they  were  pleased  to  call  their  homes.  I  have 
shown  by  photographs  the  general  character  of  these  residences  so-called,  and  will 
state  that  these  pictures  are  fairly  representative  of  the  alleged  "settlement"  of 
the  group  of  entrymen  controlled  by  Jones  and  his  associates.  They  were  mere 
makeshifts,  as  will  be  seen  at  a  glance,  and  in  every  case  it  was  shown  at  the  trial 
of  Willard  N.  Jones,  Thaddeus  S.  Potter  and  Ira  Wade,  in  consequence  of  their 
connection  with  the  frauds,  that  the  entrymen  transferred  their  claims  to  Jones 
before  the  ink  was  yet  dry  upon  their  final  certificates,  and  that  they  had  pre- 
viously entered  into  an  agreement  to  do  so.  Practically  the  entire  body  confessed 
upon  the  witness  stand  how  they  had  been  led  astray,  and  how  they  had  been 
induced  to  commit  perjury  when  making  the  necessary  proof  of  settlement  and 
cultivation,  and  that  their  alleged  residence  was  all  a  delusion  and  a  snare.  Here- 
with is  presented  a  list  of  those  who  thus  perjured  themselves  for  the  sake  of  a 
few  dishonest  dollars,  nearly  all  of  whom  were  old  soldiers  or  their  widows : 


Entrv  No.  Name.  Entry  Xo. 

13137  Edward  C.  Brigham.  14154 

14233  Daniel  Clark.  13116 
12946  Esther  P.  Collins.  13113 
14237  Heman   K.   Finch.  13088 
13087  Anthony  Gannon.  12932 
1313,5  Benjamin   S.   Hunter.  13136 
13089  Thomas  Johnson.  14236 

14239  Addison  Longenecker.  14235 

14234  George  F.  Merrill.  14238 
13105  Louis  Paquet.  13091 

14240  Henry  M.  Riggs.  13142 
13396  William  Teghtmeier.  13090 
13406  George  West.  13416 


Name. 

Bert  Blauvelt. 
Oliver  I.  Conner. 
Richard  D.  Depue. 
Joseph  Gillis. 
Annetta  Huston. 
Franklin  Hummel. 
James  Landfair. 
Granville  C.  Lawrence. 
Thad.  S.  Potter. 
George  Rilea. 
Xclson  B.  Smith. 
John  L.  Wells. 
William  T.  Everson. 


What  lends  additional  peculiarity  to  the  situation,  is  the  fact  that  United 
States  Senator  Fulton  lost  no  time,  after  his  election,  to  urge  upon  the  Land 
Department  at  Washington  the  absolute  necessity  for  prompt  action  in  regard 


Page   472 


to  the  Jones  group  of  entries,  with  a  view  that  these  fraudulent  claims  should 
be  passed  to  patent  with  as  little  delay  as  possible.  He  even  went  so  far  as  to 
write  personal  letters  to  the  head  of  the  Land  Department,  insisting  that  an 
injustice  was  being  done  the  homesteaders  by  longer  withholding  their  final  titles, 
and  in  at  least  one  instance  wrote  a  letter  extolling  Willard  N.  Jones  as  a  man  of 
irreproachable  character  and  high  standing  in  the  community!  It  may  be  only 
a  coincidence,  and  all  that,  and  it  may  be  that  Senator  Fulton  falls  back  upon  his 
well-worn  plea  that  he  was  misled  regarding  his  conclusions,  but  it  would  be 
interesting  to  know  what  kind  of  an  excuse  he  is  able  to  offer  for  the  following 
self-explanatory  correspondence  between  the  Acting  Commissioner  of  the  General 
Land  Office  and  Secretary  Hitchcock,  brought  about  through  the  unwarranted 
eagerness  of  Senator  Fulton  to  have  the  Jones  claims  expedited : 


O.  W.  FULTON.  CHAIPUAN 
J.  F.  DBYOEN.  B.  R.   TILLMAN, 

Q.  F.  HOAR.  J.  W.  BAILEY. 

EUGENE  HALE,  W.  A.  CLARK, 

C.  W.  FAIRBANKS,        J.  P.  CLARKE. 

C.  W.  HALDERMAN.  ClIRi 


Washington, B.C. May  5th,    1904. 
Hon.   E.   A.   Hitchcock, 

Secretary  of  the  Treasury, 
Treasury  Department, 

Washington , D. C. 
Sir: 

I   enclose  you  herewith,  a  letter   I  have -just   received  fronrHoh* 
¥.    tJ.    Jones,    of  Portland,    Oregon.      The  letter  fully  sets  forth,  the 
situation   and  I  v/ill   not   attempt   to    enlarge  on   it.      I  wish  to 
say,    hov/ever,    that   I   air.  personally  acquainted,  with  Mr.   Jones  and 
he    stands  very  high,    and  I  am.  confident   that  he   states   the   exact 
situation  and   tells   the   exact  truth.      I  do  not  Relieve   that  he 
could  be    induced  to  do   otherwise,    and   I  fear  a  great    injustice 
is  being  done  horn.  I   trust   that  you  will 'give   the  matter  your 

•personal  attention  and  a  careful  investigation.  Mr.  Jones  is  a 
member  of  the  Oregon  legislature,  and  a  man  of  excellent  family 
and  social  standing  and  connections. 

Very  respectfully, 


Fac-simile  of  letter  written  by  United  States  Senator  Fulton  to  the  Secretary  of  the  Interior 

recommending  Willard  N.  Jones,  who  was  afterwards  convicted  by  a  jury  for 

frauds  in  connection  with  the  Siletz  Indian  Reservation  lands 

Page  473 


P  <;.  F.  p. 

File  20460  \V.  H.  L. 

J.  D.  Y. 

DEPARTMENT  OF  THE  INTERIOR, 

(iKNERAL  LAND  OFFICE. 

-\ 

Washington.  D.  C..  'September  14.  1904. 
Address  only  the 
Commissioner  of  the  General  Land  Office. 

The  Honorable  Secretary  of  the  Interior. 
Sir: 

I  have  the  honor  to  acknowledge  the  receipt,  by  your  reference  of  the  3rd  instant 
for  early  report  in  duplicate  and  return  of  paper,  of  a  letter  from  Hon.  C.  W.  Fulton. 
Astoria,  Oregon,  dated  the  28th  ultimo,  which  is  as  follows: 

I  have  received  a  great  number  of  complaints  from  homestead  entrymen  on  the 
Siietz  Indian  Reservation,  in  Oregon,  about  the  treatment  they  have  received  at  the  hands 
of  the  Department.  I  know  how  difficult  it  is  for  a  homesteader  to  comply  with  the  letter 
and  spirit  of  the  general  homestead  law  in  that  country.  At  the  same  time  I  realize  that 
you  did  not  make  the  law  and  are  not  responsible  for  its  provisions.  That  section  of  the 
country  is  so  isolated  from  any  inhabited  region  and  so  difficult  of  access  that  it  is  very 
expensive  and  difficult  work  to  get  provisions  in  to  the  homesteaders.  Being  heavily 
timbered,  it  is  of  course  very  difficult  to  make  a  farm  out  of  a  tract  of  land  in  that  locality. 
and  as  a  result,  entryment  cannot  remain  long  at  a  time  on  their  claims,  but  are  compelled 
to  go  outside  and  work.  In  cases  of  married  men  it  is  difficult  to  get  their  wives  in  to  tin- 
land  and  utterly  impracticable  for  them  to  keep  their  wives  residing  there  continuously. 
Nevertheless  they  are  anxious  to  secure  a  tract  of  land  on  which  they  will  ultimately  make 
their  home.  I  think  in  construing  the  homestead  law  the  character  of  the  country  in 
Western  Oregon  should.be  taken  into  consideration.  It  is  not  so  easy  to  make  a  home  on 
a  tract  of  land  here  as  it  is  in  an  open  prairie  country,  nevertheless  we  are  very  anxious 
that  the  country  shall  be  settled  up  and  that  homesteaders  shall  be  allowed  to  exercise  t In- 
right  of  entry  and  to  secure  their  titles  and  ultimately  make  their  homes  on  the  land.  1 
have  therefore  prepared  and  determined  to  introduce  and  work  to  secure  the  passage  of. 
through  the  next  Congress,  a  bill  for  the  relief  of  the  settlers  in  that  section  of  the  country. 
I  shall  make  provision  for  issuing  patents  to  every  homestt  ad  entryman  who  has  spent  a 
certain  amount  in  the  way  of  improvements  on  his  tract,  whether  in  labor  or  cash,  without 
regard  to  settlement.  I  will  wish  to  confer  with  you  about  the  amount  of  expenditure 
required,  etc.  It  may  be  well  to  require  some  character  of  settlement,  but  I  wish,  and  that 
is  the  particular  thing  I  do  wish  to  do,  to  relieve  them  from  the  necessity  of  continued, 
residence  on  the  land.  I  wish,  therefore,  that  you  would  suspend  your  investigation  of 
claims  in  that  section  and  not  prosecute  matters  relative  thereto  until  I  can  have  an  oppor- 
tunity to  confer  with  you  relative  thereto,  and  to  attempt  at  least  to  secure  the  passage 
of  some  measure  of  relief. 

The  investigation  of  all  entries  in  the  former  Siietz  Indian  Reservation  Ma* 
directed  by  letter  "P"  of  March  26,  1903.  under  departmental  letter  of  March  12.  1903. 
referring  to  this  office  copy  of  correspondence  had  with  Mr.  Warren  H.  Brown.  Agency 
Clerk  at  the  Yakima  Indian  Agency,  Fort  Simcoe,  Washington,  relative  to  frauds  in  con 
nection  with  such  entries. 

The  special  agent  to  whom  the  matter  was  originally  referred  having  been  trans 
ferred  to  other  territory  before  he  had  made  any  reports,  directions  were  given  Augi 
1903,  to  the  agent  then  in  charge,  the  latter  having  made  general  reports  touching  said 
entries  under  dates  of  August  19,  November  7.  8.  9.  and  11,  1903,  and  subsequently  th- 
stating  in  effect  that  in  his  investigations  of  the  lands  in  question  he  had  found  the  same 
heavily  timbered,  with  a  dense  growth  of  pine,  hemlock,  cedar,  and  other  timber,  and  not 
exceeding  one-tenth  of  the  land  would  be  fit  for  cultivation  if  cleared  of  the  timber:  that 
the  cost  of  clearing  a  sufficient  number  of  acres  to  make  a  living  upon  would  entail  an 
expenditure,  which  would  be  out  of  reach  of  any  man  of  ordinary  means;  that  almost  the 
whole  of  the  lands  of  said  reservation  have  been  filed  upon,  but  there  are  no  roads  over 
which  the  claims  may  be  reached,  either  with  a  team  or  saddle  horse,  nothing  but  a  few 
dim  foot  trails,  which  are  only  used  semi-annually  by  these  claimants  in  going  to  or  from 
their  respective  entries  prior  to  making  proof,  and  except  in  few  instances  never  afterwards. 

The  special  agent  submitted  lists  containing  a  large  number  of  entries  which  he 
felt  satisfied  had  not  been  made  in  good  faith  for  the  purpose  of  making  homes  thereon; 

Page  474 


United  States  Senator  Charles  W.  Fulton,  of  Oregon,  who  pleaded 

hard  for  the  alleged  Siletz  settlers 


Sample  residence  of  a  Siletx  homesteader,  described  in  pathetic 

terms  by  Senator  Fulton  in  his  letter  to  the  Secretary 

of  the  Interior,  pleading  for  the  issuance  of 

patents  on  the  fraudulent  entries 

made  in  the  interest  of 

Willard  N.  Jones 

and  stated  that  it  was  the  evident  purpose  of  the  entrymen  to  acquire  this  land  in  the  in- 
terest of  other  persons  under  cover  of  the  homestead  law,  and  that  the  entrymen  had  dis- 
posed of  their  claims  to  certain  named  persons. 

It  was  shown  that  twenty-one  entries  made  at  or  near  the  same  date  were  trans 
ferred  to  one  party  for  from  $1,500  to  $4,400  each,  the  lands  being  in  the  same  township  or 
the  one  adjoining  and  the  sales  made  soon  after  the  issuance  of  cash  certificates  on  com- 
muted entries;  that  twenty-three  entries  had  been  mortgaged  to  another  party,  it  being 
quite  evident  that  said  party  is  to  become  the  owner  of  all  of  the  lands  covered  by  said 
twenty-three  entries. 

A  number  of  adverse  reports  have  been  made  by  the  special  agent  and  the  affidavits 
submitted  therewith  by  the  entrymen  are  in  all  essential  respects  similar,  and  to  the  effect 
that  they  learned  of  the  land  through  a  party  in  Portland.  Oregon,  and  made  their  entries 
under  an  assurance  and  agreement  that  said  party  would  furnish  all  necessary  money  to 
make  entry,  the  necessary  improvements,  the  final  proof  cost  and  traveling  expenses  to  and 
from  their  claims;  and  in  accordance  with  said  agreement  they  executed  mortgages  to  said 
party  and  subsequently  deeded  the  lands  to  him. 

One  entryman  alleges  that  he  assisted  in  getting  about  thirty  "old  soldiers  and 
soldiers'  widows''  to  locate  homesteads  on  these  lauds,  all  of  whom  made  such  entries  under 
such  an  agreement  with  said  party  in  Portland. 


Page  476 


Inasmuch  as  a  large  number  of  the  entrymen  sold  the  land  to  one  party  immediate- 
ly after  proof,  coupled  with  the  fact  that  the  lands  are  not  tillable  even  after  the  timber 
is  removed,  goes  to  show  that  the  entries  were  not  made  in  good  faith  for  the  purpose  of 
a  home,  but  in  the  interest  and  for  the  benefit  of  the  party  to  whom  sold. 

It  would  seem  from  the  foregoing  that  a  failure  on  the  part  of  the  persons  making 
entry  on  these  lands  to  comply  with  the  liberal  provisions  of  the  law  is  recognized. 

The  law  opening  these  lands  to  settlement  (act  August  15,  1894,  28  Stats.,  323,326), 
only  required  a  three  years'  residence  in  order  to  secure  title  thereto,  thereby  giving  to  such 
homesteads  benefits  not  afforded  those  entering  other  lands.  They  also  shared  in  the  gen- 
eral relief  afforded  by  the  Free  Homestead  Act  of  May  17,  1900  (31  Stats.,  179),  and  the 
act  of  January  26,  1901  (31  Stats.,  740). 

From  the  record  before  this  office,  there  is  every  reason  to  believe  that  a  great 
many  of  the  entries  were  made  without  any  intention  of  compliance  with  law;  that  they 
were  made  in  the  interest  and  for  the  benefit  of  other  parties  for  the  timber  thereon  and 
not  for  the  purpose  of  residing  upon  or  cultivating  the  land  and  that  the  entrymen,  as  a 
rule,  immediately  after  making  final  entry  transferred  whatever  title  they  thereby  obtained, 
abandoned  the  land,  and  now  have  no  further  interest  therein. 

In  view  of  the  showing  made  by  the  record,  which  the  office  believes  is  a  fair  state- 
ment of  facts  in  the  case,  it  is  unable  to  see  how  the  parties  who  acted  in  violation  of  law 
and  with  full  knowledge  of  its  requirements,  can  ask  this  office  to  recommend  that  they 
be  granted  any  relief  or  that  they  have  any  right  or  interest  in  the  land  entered  which 
can  be  made  the  ground  for  such  a  request. 

The  office  therefore  states  it  as  its  opinion  that  to  suspend  this  investigation,  and 
to  adopt  the  policy  suggested  by  the  Senator  would  be  to  reverse  the  policy  now  vigorously 
being  prosecuted  by  this  office,  of  securing  such  a  compliance  on  the  part  of  claimants  to 
public  lands  as  the  spirit  and  letter  of  the  laws  and  official  regulations  relating  thereto 
require. 

Senator  Fulton 's  letter  is,  therefore,  herewith  returned  with  the  information  that 
this  office  will  proceed  with  such  investigations,  unless  otherwise  instructed  by  the 
Department.  Very  respectfully, 

(Signed)  J.   H.  FIMPi,E, 

Acting  Commissioner. 

Mr.  Fimple  was  unquestionably  one  of  the  ablest  and  most  sincere  officials 
that  ever  graced  the  position  of  Assistant  Commissioner,  consequently  his  remarks 
upon  the  subject  must  be  considered  accordingly.  At  the  time  Senator  Fulton 
wrote  the  letter  in  question  to  Secretary  Hitchcock,  it  was  well-known  that  the 
Siletz  homestead  entries  were  under  investigation  by  the  Land  Department,  and 
if  he  was  in  ignorance  of  the  situation,  what  then  becomes  of  any  of  his  recom- 
mendations ? 

Since  all  this  happened,  Senator  Fulton  has  been  retired  to  private  life  by 
his  constituents,  he  having  been  defeated  by  H.  M.  Cake  at  the  primaries  held 
throughout  Oregon  on  April  17th  last,  after  one  of  the  most  sensational  campaigns 
ever  conducted  in  the  State.  Upon  this  occasion  Francis  J.  Heney  took  an  active 
part  in  the  proceedings,  coming  from  San  Francisco  especially  to  oppose  Fulton's 
re-nomination.  The  distinguished  graft  prosecutor  made  three  speeches  in  Ore- 
gon— two  in  Portland,  and  one  at  Salem — and  it  is  noteworthy  that  the  counties 
in  which  he  appeared  rolled  up  the  largest  majorities  against  Mr.  Fulton.  Much 
more  might  be  told  concerning  the  systematic  manner  in  which  Senator  Fulton 
was  led  astray  with  such  consistent  regularity  that  it  eventually  became  a  sort  of 
second  nature  for  him  to  get  deceived,  but  it  would  be  equivalent  to  inflicting 
punishment  after  death  were  I  to  attempt  to  enumerate  all  the  different  instances 
where  he  has  assumedly  had  the  wool  pulled  over  his  eyes.  If  it  had  come  to 
pass  that  he  had  developed  a  blind  side,  and  that  those  who  were  anxious  to 
secure  favorable  action  on  questionable  measures  had  learned  the  fine  art  of  get- 
ting on  that  side  in  their  operations,  then  it  was  high  time  for  him  to  give  way  to 
somebody  capable  of  representing  Oregon  in  a  creditable  manner. 

Page  477 


Although  Mr.  Ballinger,  while  Commissioner  of  the  General  Land  Office. 
undertook  to  make  it  very  plain  that  it  was  his  intention  to  investigate  the 
different  entries  of  public  lands  in  the  West  before  permitting  patent  to  issue,  and 
that  in  cases  where  there  had  been  no  protest  or  adverse  report  of  a  special  agent 
within  two  years  from  the  date  of  issuance  of  the  final  certificate,  he  would  pass 
such  entries  to  patent,  it  is  apparent  that  he  overlooked  a  great  many  things  in 
the  Siletz  country.  For  instance,  fraud  reports  had  been  made  at  different  times 
by  special  agents  of  the  General  Land  Office  on  the  following  entries,  all  within 
the  two  years  after  the  issuance  of  final  certificates : 

Entry.  Xame.  Fraud  Report. 

G.   E.       6559  Anderson.  Nils Oct.  2.  1905. 

H.  E.  14965  Butz.   William    Mar.  12.  1906. 

C.   E.       7640  Blauvelt,  Bert   Dec.  6.  1905. 

C.   E.       7293  Bradford.   A.  E May  23,  1906. 

C.    E.       7259  Bradford,  Elmer   May  23.  1906. 

G.   E.       7258  Bridgeford,  W.  L May  24.  1906. 

H.  E.  14396  Britts.  P.  W (Jet*.  6.  1906. 

C.   E.       7828  Crowther.  Joseph    Dec.  29,1905. 

C.    E.       7726  Cornell.  Ernest May  9,  1906. 

H.  E.  15056  Cody.    Myrtle    Mar.  5,  1906. 

H.  E.  15021  Cody,  Maud  E Mar.  5,  1906. 

C.    E.       7258  Dawson.  Fred May  24,  1906. 

C.   E.       7861  Elkins,  Dill Dee.  9,  1905. 

C.   E.       747."  Elbert.  Wm.  F May  24.  1906. 

H.  E.  14370  Franklin.  C.  J Mar.  13.  1906. 

C.   E.       725  Foss.  Luther  V Aug.  10.  1906. 

C.    Y.  Fox,  Geo.  B Aug.  10,  1906. 

H.  E.  13211  Fogarty.  John  J Dec.  6.  1906. 

C.   E.       7502  Frederick.  Bert   May  23.  1906. 

C.   E.       7715  Huntzicker.  F May  6.  1906. 

H.  E.  14392  Hare.  C.  V June  29.1904. 

H.  E.  14602  Lucas,  F Mar.  13,  1906. 

H.  E.  13963  Landreth,  George  A Dec.  2".  1905. 

C.   E.       7856  M.-Manus.  CL  H. Dec.  29. 

C.   E.       7860  Me  Hardy.   Catherine    Dec.  29,  1905. 

C.   E.       7851  Matson/Louis   Dec.  4.  1905. 

C.   E.       7-  Montague,  Robt.  B May  24.  1906. 

C.   E.       7256  Riley,  Grace  E May  24.  1906. 

H.  E.       1432  Runkel.  Fred   May  9,  1906. 

C.   E.       7708  -    .ith.  Q.  B Dec.  2.  1905. 

H.  E.  14601  Southwell.  W.  J Mar.  10.  1906. 

H.  E.  1  Sullivan.  Con   Mar.  2,  1906. 

C.  E        787$  Stewart,  John  F Feb.  8,  1906. 

C.   E.       7477  -   nroeder,  Wm May  23.  1906. 

C.   E.       7862  Tolford.  Minnie Dec.  4.  15« 

C.    E         '  •'-  Tibbett,  Bertha   -  '2.  1905. 

G.    K.       7267  Whitelaw.  Xeill Vug.  8.  1906. 

H.  E.  1  Wright.  Wellington Dec.  22.  1905. 

H.  E.  13221  Williams.  L.  W Dec.  27,  1905. 

'.    E.       7906  Weatherford.  A.  B Dec.  23,1905. 

Furthermore,  in  August  and  September,  1907,  Acting  Chief  Xeuhausen 
was  directed  by  the  Commissioner  to  cause  field  investigations  to  be  made  on 
fully  fifty  different  Siletz  entries,  and  under  this  authority,  detailed  Special  Agent 
James  D.  Watts  and  Assistant  William  J.  Mitchell  to  make  such  investigations. 
They  were  in  the  field  fully  six  weeks,  during  which  they  inspected  every  claim 
that  had  been  designated  by  the  Land  Department  as  subject  to  such  consideration. 
While  engaged  in  making  out  their  reports,  wherein  it  was  shown  that  many  of 
those  under  investigation  had  failed  to  comply  with  the  laws  governing  the  ac- 
quisition of  the  Siletz  lands,  an  order  came  from  Assistant  Commissioner  Dennett 
passing  to  patent  a  number  of  the  claims  then  under  investigation,  without  regard 
whatever  to  their  fraudulent  character.  This  act  of  the  Land  Department  dis- 
gusted Special  Agent  Watts  to  such  an  extent  that  he  forthwith  tendered  his 
resignation,  and  is  now  no  longer  in  the  Government  service. 

Page   478 


R.  A.  Ballinger,  Ex- Commissioner  of  the 
General  Land  Office 


Thad.  S.  Potter,  convicted  with  Willard  .V.  Jones  in  the 
former  Siletx  Indian  Reservation  fronds 

\Yatts  had  formerly  been  a  Montana  sheriff,  and  was  a  man  of  strict 
integrity,  as  well  as  utterly  oblivious  to  fear  of  any  kind.  An  attempt  was  made 
to  bribe  him  upon  the  occasion  of  his  investigation  of  the  Siletz  entries  alluded 
to,  and  this  act  he  reported  promptly  to  Acting  Chief  Xeuhausen,  but  it  is  ques- 
tionable whether  it  had  any  effect  in  causing  those  in  Washington  to  entertain 
greater  respect  for  him. 

It  became  the  habit,  finally,  for  the  General  Land  Office  to  ignore  all 
reports  of  special  agents  affecting  the  character  of  the  Siletz  entries,  and  to  pass 
them  to  patent  in  utter  disregard  of  prevailing  conditions.  Thus,  the  claim  of 
Robert  B.  Montague,  the  crooked  deputy  county  clerk  of  Linn  county,  Oregon, 
was  picked  out  as  a  worthy  subject  for  final  title,  although  it  was  notorious  in 
the  Department,  through  the  reports  of  special  agents,  and  from  other  sources, 
that  Montague  had  never  in  the  slightest  degree  complied  with  the  laws  relative 
to  residence  and  cultivation.  Two  other  claims,  equally  fraudulent,  were  included 
in  the  letter  from  Assistant  Commissioner  Dennett,  conveying  the  information 
that  the  three  entries  had  been  passed  to  patent,  but  fortunately,  somebody  re- 
covered from  the  shock  sufficiently  to  enter  such  a  vigorous  protest,  and  set  up 
such  well-founded  charges  of  fraud,  that  even  Dennett  was  obliged  to  take  some 
sort  of  official  cognizance  of  the  situation  by  recalling  his  action  in  passing  the 
entries  to  patent,  and  permitting  contests  upon  specific  charges  of  fraud! 

If  necessary,  I  could  cite  numerous  instances  in  the  Siletz  country  alone 
where  the  General  Land  Office,  under  the  Ballinger  and  Dennett  administrations, 
has  strangely  shut  its  eyes  to  glaring  frauds,  and  passed  entries  to  patent  that  it 
must  have  known  should  have  been  cancelled.  This  condition  applies  only  to  the 
Siletz  country,  and  whether  or  not  it  extends  in  other  directions,  I  am  in  no 
position  to  state. 

In  the  case  of  the  Siletz  entries,  it  is  a  matter  of  record  that  in  nearly  every 
instance  the  claims  were  transferred  to  speculators  as  soon  as  final  certificates 

Pace  480 


Fred  Dennett,  Commissioner  of  the 
General  Land  Office 


were  granted  by  the  local  Land  Office,  and  that  the  holders  of  title  were  exceed- 
ingly active  in  securing  the  issuance  of  patents. 

The  trial  of  \Yillard  X.  Jones,  Thad  S.  Potter  and  Ira  Wade  during  1905, 
wherein  the  two  former  were  convicted  and  the  latter  acquitted,  developed 
enough  evidence  to  show  that  hardly  an  entry  in  the  former  Siletz  Indian  Reser- 
vation was  made  in  good  faith.  Naturally,  there  are  some  exceptions,  but  they  are 
so  scarce  as  to  render  them  unworthy  of  notice. 

When  it  became  known  that  John  H.  Hall,  the  United  States  Attorney  for 
Oregon,  was  shielding  from  punishment  some  of  those  since  found  to  have  been 
most  prominently  identified  with  the  general  system  of  looting,  President  Roose- 
velt lost  no  time  in  removing  him  summarily  from  office,  and  appointing  Mr. 
Heney  to  the  vacancy.  The  latter  continued  to  conduct  the  affairs  of  the  office 
until  December  3,  1905,  when  President  Roosevelt  sent  in  the  name  of  William 
C.  Bristol,  a  brilliant  young  lawyer  of  Portland,  Oregon,  to  fill  the  position. 
Bristol  was  known  to  be  a  man  of  strict  integrity  and  marked  legal  ability,  and 
as  one  possessed  of  the  courage  of  his  convictions.  It  was  an  open  secret  that  he 
was  Heney's  choice  for  the  place,  and  this,  in  itself,  was  sufficient  to  bring  down 
upon  his  head  the  accumulated  opposition  of  every  land  grafter  in  Oregon  and 
elsewhere,  who  were  against  everything  bearing  the  stamp  of  Heney's  approval. 

Every  possible  effort  was  made  to  prevent  the  confirmation  of  Bristol  by 
the  United  States  Senate,  until  finally  the  President  withdrew  his  name  and  after 
Christian  Scheubel,  of  Oregon  City,  James  T.  Cleeton,  of  Portland,  and  James 
McCourt,  of  Pendleton,  had  been  successively  named  for  the  place,  the  Senate,  in 
March,  last,  confirmed  the  latter. 

The  fight  against  Bristol  was  led  by  United  States  Senator  Fulton,  of 
Oregon,  and  it  is  believed  that  his  stand  in  the  matter  had  much  to  do  with  his 
recent  rejection  by  the  Republican  voters  of  the  State  for  re-nomination  as  a 
Senatorial  candidate,  and  while  there  is,  no  doubt,  a  multitude  of  causes  that 
led  to  Fulton's  defeat  at  the  polls,  it  is  thought  the  friends  of  Bristol  contributed 
their  share,  nor  is  there  any  reason  to  deny  that  Fulton's  indifference  in  connec- 
tion with  fraudulent  land  schemes  of  the  Siletz  order  operated  as  much  as  anything 
to  his  political  downfall. 

Under  a  recent  ruling  of  the  General  Land  Office,  Special  Agents  are  required  to 
make  daily  reports  to  the  Commissioner  covering  all  their  movements,  while  on  duty. 
This  order  has  had  the  effect  of  arousing  considerable  hostile  criticism  in  the  ranks  of  the 
better  class  of  Special  Agents,  who  reason  that  if  the  head  of  the  Land  Department  was  a 
person  of  unsavory  stripe,  these  daily  reports  would  have  a  tendency  to  keep  him  in 
constant  touch  with  the  movements  of  all  the  men  under  his  jurisdiction,  and  enable  him 
to  thwart  auy  honest  effort  to  prevent  fraud  where  the  Commissioner  himself  was  person- 
ally concerned.  As  an  illustration  of  the  idea  there  is  herewith  presented  a  facsimile  of 
the  report  cards  in  use  by  the  Special  Agents  of  the  General  Land  Office  at  the  present 
time,  which  is  filled  out  with  a  presumed  report  of  a  crooked  special  agent: 

Department    of   the   Interior. 

GENERAL     LAND     OFFICE 


Friday ,  May  *?. 
Detroit,  Oregon. 

Directed  by  Hon.  C  0102!  s  si  oner  'a  letter  •P*,1323,M.Y.O.B. , 
Q.T. ,P.D.Q. .April  1,1901, to  cake  field  invest! gatl cm  alleged  fraudulent 
Hd  entries  Tp  11-7.  Pd  $1000  by  Puter  tx>  keep uay  Eout**hut;  made  report 
recommending  all  claims  for  Pat;  sed  Nellie  Backus  "was  a  good  .girl,  and 
done  the  best  she  could."  ( Jok.  )  Seen  Heidecke;  told  him  ""main's  the  word 
— hev  you  saw  Puter?*  Stated  in  report  that  Walgamot  raises  cabbages  in 
Su~er  and  traps  coons  la  Winter-  < Mother  ^oak— he  raises  teeth  between 
seasono.  )  Hain't  saw  Dan  Tarpley  sence  he  flashed  check^  made  4-480  re- 
port about  old  hayseed  living  on  "his  ""claim";  wouldn't  come  "through;"  sed  he 
didn't  hev  no-thlnj :  he'll  git  hiw'n  all  right—where  the  chicken  got  the 
axe.  Traveling  expenses  and  subsistence — lll-i-7 

o_«  Special  Ayenl 

Page   482 


Chapter  XXXI 


Brief  hist  or  v  of  the  famous  Hyde-Benson-Schncidcr-Dimond  Conspiracy  Case, 
nou1  on  trial  at  Washington,  D.  C. — Defendants  brought  to  bar  after  four 
years  of  vexatious  delays — Some  interesting  features  in  connection  with 
the  manner  in  which  the  evidence  against  the  accused  was  unearthed  by 
the  Government. 

A /THOUGH  indictments  had  been  returned  against  F.  A.  Hyde,  John  A. 
Benson,  Joost  H.  Schneider  and  Henry  P.  Dimond  on  February  17,  1904, 

the  defendants  were  not  brought  to  trial  until  April  1,  1908.  Legal  efforts 
to  prevent  the  case  from  being  reached  at  all  were  responsible  for  some  of  the 
delays,  but  generally  the  continuances  and  repeated  postponements  were  brought 
about  through  technical  questions  raised  to  hinder  proceedings.  At  all  events,  it 
has  taken  the  Government  more  than  four  years  to  bring  the  quartet  of  alleged 
conspirators  into  Court,  and  there  is  a  strong  likelihood  of  the  case  dragging  its 
weary  length  along  for  some  time  to  come  before  any  final  determination  is 
reached,  the  trial  being  still  in  progress  at  this  writing. 

Three  of  the  defendants — Hyde,  Benson  and  Dimond — reside  in  San  Fran- 
cisco, California,  while  Schneider  is  engaged  in  business  at  Tuscon,  Arizona.  They 
were  accused  under  Section  5440,  of  the  United  States  Revised  Statutes,  with 
having  defrauded  the  Government  of  its  public  lands,  their  plan  of  operation,  ac- 
cording to  the  theory  of  the  prosecution,  embracing  a  system  without  parallel  for 
its  magnitude.  In  brief,  it  contemplated  the  fraudulent  acquisition  of  title  to 
thousands  of  acres  of  school  lands  within  the  confines  of  forest  reserves  in  Cali- 
fornia and  Oregon  by  process  of  "dummy"  and  fictitious  applicants,  and  the  ex- 
change of  tracts  thus  acquired  for  valuable  timber  lands  of  the  United  States 
under  the  forest  reserve  lieu  land  Act  of  June  4,  1897.  It  was  through  this  ex- 
change with  the  Government  that  they  became  involved  in  trouble,  as  the  United 
States  has  no  authority  over  State  lands  of  any  kind,  and  had  the  alleged  con- 
spirators confined  their  operations  to  the  acquisition  of  title  to  the  16th  and  36th 
sections  of  townships  in  the  two  States  named,  the  chances  are  that  nothing  in  the 
nature  of  a  criminal  proceeding  would  have  resulted  from  their  scheme  of  looting. 
As  soon,  however,  as  they  undertook  to  select  Government  land  in  lieu  of  their 
fraudulent  State  holdings,  it  brought  them  within  the  jurisdiction  of  Uncle  Sam, 
and  entailed  a  condition  that  has  resulted  in  a  long  legal  battle  for  their  liberties. 

Dimond  was  stationed  at  Washington,  D.  C.,  during  the  period  it  was 
claimed  the  frauds  had  been  committed,  and  his  supposed  connection  with  Hyde 
and  Benson  as  their  legal  representative  at  the  National  Capital  is  responsible 
for  the  case  being  tried  there.  It  was  set  up  in  the  indictment  that  the  fact  of 
his  appearing  before  the  Land  Departments  at  different  times  in  the  interest  of 
the  two  alleged  arch  conspirators  formed  the  connecting  link,  and  entitled  the 
Government  to  try  the  defendants  wherever  any  part  of  the  plot  was  hatched.  The 
attempt  to  remove  the  quartet  to  Washington  for  trial  was  resisted  to  the  utmost, 
but  without  avail,  as  the  United  States  Supreme  Court  sustained  the  Government's 
contention  that  if  any  part  of  the  proceedings  tending  to  connect  the  defendants 
with  the  commission  of  a  conspiracy  originated  in  Washington,  they  could  be 
brought  across  the  continent  for  trial. 

The  first  official  intimation  that  frauds  of  an  extensive  character  were 
being  perpetrated  by  the  Hyde-Benson  ring,  came  in  the  form  of  a  letter  from  J. 
A.  Zabriskie,  an  attorney  of  Tuscon,  Arizona  (since  deceased),  who  advised  the 
General  Land  Office  at  Washington,  D.  C.,  that  he  was  in  possession  of  information 

Page  483 


Arthur  B.  Pmgk,  of  Washington,  D.  C.,  Special  Assistant  to  the  United  States  Attorney-General 

and  Chief  Counsel  for  the  Government  in  the  Hyde-Benson  case 


from  Joost  H.  Schneider,  a  client,  to  the  effect  that  F.  A.  Hyde,  John  A. 
Benson  and  Henry  P.  Dimond  were  engaged  in  a  conspiracy  to  defraud  the 
Government  out  of  immense  tracts  of  State  school  lands  in  California  and  Oregon 
by  process  of  illegal  filings,  and  that  Schneider  was  willing  to  aid  the  Land  De- 
partment officials  in  uncovering  the  frauds.  After  considerable  delay,  Binger 
Hermann,  then  Commissioner  of  the  General  Land  Office,  detailed  Special  Agent 
S.  J.  Holsinger  to  proceed  to  Tuscon  and  interview  Schneider. 

Acting  under  these  instructions,  Holsinger  proceeded  to  Tuscon,  where  on 
Xovember  6,  1902,  he  held  his  first  interview  with  Schneider  in  the  presence  of 
Attorney  Zabriskie.  Several  days  were  consumed  in  securing  full  details  from 
Schneider,  so  that  it  was  not  until  November  12,  1902,  that  Special  Agent 
Holsinger  was  prepared  to  make  his  report  to  the  Commissioner  of  the  General 
Land  Office.  This  he  did  from  Phoenix,  Arizona,  on  the  date  indicated,  covering 
practically  every  feature  of  the  conspiracy  as  described  by  Schneider. 

In  brief,  the  admissions  of  Schneider  amounted  to  a  confession  that  he 
had  acted  as  the  agent  for  Hyde  and  Benson  in  prcuring  "dummies"  to  locate 
the  school  lands  in  existing  and -proposed  forest  reserves  of  California  and  Ore- 
gon, with  a  view  of  their  subsequent  exchange  with  the  Government  for  other 
lands.  In  this  manner  several  hundred  applications  had  been  filed,  many  of  which 
embraced  the  names  of  fictitious  persons. 

Holsinger  transmitted  his  report  to  the  Gejieral  Land  Office,  and  it  was 
promptly  pigeonholed  by  Commissioner  Hermann,  and  probably  would  never 
have  seen  the  light  of  day  again  had  not  a  clerk  unearthed  it,  and  its  contents 
become  known  to  Secretary  Hitchcock,  months  after  it  had  been  filed  with  the 
Commissioner.  The  Secretary  of  the  Interior  at  once  instituted  an  investigation, 
intrusting  this  feature  of  the  case  to  Arthur  B.  Pugh,  an  attorney  for  the  Interior 
Department.  The  latter  proceeded  to  California  accompanied  by  Special  Agent 
Steece,  of  the  General  Land  Office,  and  the  two  secured  much  damaging  evidence 
against  Hyde,  Benson  and  others.  Later  William  J.  Burns,  of  the  Treasury  De- 
partment, was  called  into  the  case,  and  he  spent  several  weeks  in  San  Francisco 
and  Oregon  in  unearthing  the  frauds,  with  the  result  that  from  the  mass  of  evi- 
dence in  the  possession  of  the  Government  from 'these  various  sources,  the  in- 
dictment was  returned. 

When  Burns  returned  to  Washington  from  his  preliminary  investigation 
of  the  Hyde-Benson  case,  he  asked  the  Chief  Clerk,  James  T.  Macey,  of  the  Gen- 
eral Land  Office,  for  a  confidential  stenographer  to  write  up  his  report.  Macey 
sent  Irvin  Rittenhouse  to  him  for  a  few  days.  His  work  was  of  such  value  to 
Burns  that  he  was  retained  by  him  indefinitely.  This  was  the  early  part  of  No- 
vember, 1903.  About  December  28th  or  29th,  1903,  Secretary  of  the  Interior  E. 
A.  Hitchcock  received  two  anonymous  letters  from  San  Francisco  concerning 
the  Hyde-Benson  case.  One  was  typewritten  and  the  other  pen  printed.  He 
turned  them  over  to  Burns  and  the  latter  brought  them  to  the  Land  Office,  where 
he  showed  them  to  Rittenhouse  and  asked  him  who  he  thought  wrote  them. 
Rittenhouse,  who  had  been  handling  a  lot  of  typewritten  papers  in  connection 
with  the  case,  noticed  at  once  that  the  anonymous  letter  was  written  on  a  Blickens- 
derfer  typewriter  and  immediately  called  Burns'  attention  to  the  fact  that  all  of 
Dimond's  letters  to  the  General  Land  Office,  entering  his  appearance  as  attorney 
in  the  Hyde  lieu  selection  cases,  had  been  written  with  this  type  of  machine,  and 
that  it  was  his  opinion  Dimond  wrote  the  anonymous  letters. 

Several  months  later  Rittenhouse  accompanied  Burns  to  San  Francisco 
for  the  hearing  before  United  States  Commissioner  E.  H.  Heacock  on  the  ques- 
tion of  the  removal  of  the  defendants  Hyde  and  Dimond,  Schneider  having  been 
arrested  in  Washington,  D.  C,  and  Benson  in  New  York  City.  The  hearing 
lasted  about  six  or  eight  weeks,  during  March,  April  and  May,  1904.  Dimond 
had  been  on  the  stand  in  his  own  defense  for  about  a  week  or  ten  days,  under 
cross-examination  by  Mr.  Heney,  and  his  story  was  one  that  could  not  be  shaken 
by  the  Government.  It  was  vitally  important  that  the  Commissioner  should  hold 

Page   485 


Daniel  W.  Baker,  United  States  Attorney  for  the  District  of  Columbia 


Dimond  for  removal,  as  the  majority  of  the  overt  acts  alleged  in  the  indictment 
were  committed  in  Washington,  D.  C,  where  Dimond  had  been  stationed.  The 
Government  officers  were  not  a  little  worried  over  the  defense  Dimond  was 
making,  and  the  newspapers  were  all  inclined  towards  the  assumption  that  he 
had  no  connection  with  the  conspiracy  and  that  he  was  innocent  of  any  criminal 
knowledge  thereof.  The  anonymous  letters  contained  statements  that  no  one 
but  a  co-conspirator  could  have  made,  and  if  it  were  possible  to  prove  Dimond 
to  be  the  writer  of  them,  his  defense  would  fall. 

Burns  had  not  accepted  the  theory  of  Rittenhouse,  and  was  working  on 
other  lines  to  connect  Dimond  with  the  letters,  but  had  been  unsuccessful.  One 
afternoon  after  Court  had  adjourned,  while  Dimond  was  still  on  the  stand,  and 
the  Government  officers  had  almost  concluded  it  would  be  impossible  to  break 
him  down,  Judge  Pugh,  Rittenhouse,  and  Burns  accompanied  Heney  to  his  offices, 
and  while  there  discussing  the  case,  Heney  asked  Burns  for  the  anonymous 
letters,  which  Rittenhouse  had  brought  to  San  Francisco,  and  was  reading 
them  over  in  an  effort  to  find  some  connection  with  Dimond  in  them.  The 
anonymous  letters  had  erroneously  spelled  the  Special  Agent's  name  STAGE 
instead  of  STEECE.  As  soon  as  Heney  read  this  part  of  the  pen  written  letter 
"If  your  Mr.  STAGE  had  been  worth  the  powder  to  blow  him  up,"  etc.,  Ritten- 
house remarked  in  the  presence  of  Burns  and  Pugh,  "Why,  Dimond  has  been 
calling  STEECE  STAGE  all  afternoon."  Heney  looked  up  and  said:  "By, 
G — d,  that's  right,  Rit!"  Burns  gave  a  look  of  doubt  as  to  the  correctness  of  the 
statement,  but  both  Heney  and  Pugh  immediately  recalled  the  fact.  Mr.  Heney 
read  the  following  portion  of  the  letter  which  referred  to  a  Mr.  BROHASKI  in 
Tucson,  Arizona.  This  meant  Zabriskie,  who  had  been  Schneider's  attorney 
when  he  first  made  his  confession  of  the  conspiracy  to  Special  Agent  Holsinger. 
As  soon  as  Mr.  Heney  read  the  sentence  containing  this  name  BROHASKI, 
Rittenhouse  again  remarked,  "Dimond  has  been  calling  Zabriskie  BROHASKI, 
too."  Heney  looked  up  with  the  smile  of  satisfaction  that  had  not  then  become 
famous  and  said : 

"That's  right ;  Good  for  you,  Rit !"  and  brought  his  fist  down  on  his  desk, 
saying  "We've  got  him ;  We've  got  him !" 

Burns  was  inclined  to  doubt  even  this  statement,  but  both  Heney  and 
Judge  Pugh  recalled  it,  and  the  former  paid  no  attention  to  the  doubts  of  Burns. 
Turning  to  Rittenhouse  Burns  said : 

"Now  that  goes  to  show  the  importance  of  you  being  down  there  all  the 
time,  Rit." 

Rittenhouse  immediately  rejoined,  "What's  the  matter  with  the  'King 
of  Detectives?'  he  was  asleep  this  afternoon." 

As  a  result  of  these  identical  errors  by  Dimond  on  the  stand  in  the  course 
of  his  examination  and  numerous  other  coincidences  which  Rittenhouse  then 
pointed  out  to  Mr.  Heney  in  Dimond's  admitted  correspondence,  it  was  clearly 
proven  that  Dimond  had  written  the  two  anonymous  letters  to  Secretary  Hitch- 
cock, and  the  Government  even  proved  that  he  was  the  writer  of  one  which  he 
claimed  to  have  received  from  some  unknown  source,  and  which  he  had  written  to 
himself  to  use  as  a  "club"  on  Hyde  to  make  the  latter  pay  him  a  fee  of  $10,000 
which  Dimond  claimed  was  due  him  from  Hyde. 

Judge  Stafford,  of  the  Supreme  Court  of  the  District  of  Columbia,  pre- 
sides at  the  trial  of  the  four  defendants,  while  Judge  Arthur  B.  Pugh,  Special 
Assistant  to  the  Attorney-General,  and  Daniel  W.  Baker,  United  States  Attorney 
for  the  District  of  Columbia,  ably  represent  the  Government  in  the  proceedings. 
Hyde  is  defended  by  A.  S.  Worthington,  a  prominent  lawyer  of  Washington,  D. 
C.,  and  the  legal  interests  of  Benson  are  skillfully  guarded  by  J.  C.  Campbell, 
of  San  Francisco. 


Page  487 


L\\CLE  SAM  AS  HE  MAY  APPEAR  TUE.\TY  YEARS  FROM  .VOW 

Chief  Forester  Pinchot  declares  that  the  supply  of  timber  in  this  country 

will  be  exhausted  in  twenty  years  if  nothing  is  done  to  protect  it 

Spokane  Spokesman-Review 


Index 

List  of  Illustrations 


Page 


Francis  J.  Heney  (Steel  Engraving)    Frontispiece. 

Buffalo  Head  on  Wyoming  Plains 13 

Puter's  Old  Home  in  Humboldt  County,  California 14 

Gulliver  and  the  Lilliputians 17 

A  King  of  the  Redwood  Forest 19 

Fallen  Redwood  Giant 20 

Desert  Automobiles  21 

The  Dead  Monarch   24 

"Old  Pard"  Mays 26 

Willard  N.  Jones  29 

House  Made  of  Beer  Bottles 32 

Thomas  B.  Neuhausen,  Special  Inspector,  Interior  Department   .34 

Puter  Making  Estimates  on  Fraudulent  Claim 37 

Map  Showing  Fraudulent  Timber  Entries  in  Township  14  S.,  Ranges  3  and  4  East 39 

Sample  of  Timber  on  Fraudulent  Claim 41 

Oregon  City  Land  Office 43 

Field  Marshal  Kribs 45 

Map  of  the  Famous  Township  "  11-7 "   47 

Horace  G.  McKinley 49 

Ardigah  Falls 51 

Linn  County  Courthouse 54 

Cedar  Stump  House 56 

Bearing  Tree  in  "11-7' '  59 

Ex-Commissioner  of  the  General  Land  Office  Binger  Hermann 62 

Daniel  W.  Tarpley 64 

"  T.  A. "  Ranch  on  Crazy  Woman  Creek,  Wyoming 66 

Puter  Cooking  Flapjacks  on  Bogus  Homestead  Claim 69 

' '  Line-Up ' '  at  Vancouver,  Washington,  Land  Office 71 

Cornerstone  of  Two  Fraudulent  Claims 73 

Scene  in  Township  8  S.,  R.  3  E 75 

Homestead  Claim  in  Lakeview  Land  District 78 

Group  of  Nevada  Prospectors 79 

Character  of  Yellow  Pines  in  the  Deschutes  Country  , 82 

A.  B.  Hammond  85 

Ex-Special  Inspector  A.  R.  Greene 87 

Special  Agent  Making  Field  Investigation 90 

The  Late  Judge  Charles  B.  Bellinger  93 

Coal  Lands  of  Wyoming  Acquired  Fradulently 96 

Ex-United  States  Senator  Fred.  W.  Mulkey 99 

United  States  District  Judge  William  H.  Hunt 102 

' ' The  Lure  of  the  Sagebrush"   (Poem)    104 

Sample  of  Timber  in  Township  1  S.,  Range  6  W 108 

Garden  Patch  in  Heart  of  the  Forest  113 

Mrs.  Emma  L.  Watson 115 

Captain  J.  A.  Sladen   119 

Prof.  F.  J.  Toland 124 

Judge   Thomas  O'Day    129 

Mammaloose    Island    132 

Monarch  of  the  Sugar  Pine  Forest  135 

Mount  Jefferson,  Oregon   137 

Judge  Martin  L.  Pipes  139 

Forest  Rangefs'  Cabin  on  Minto  Mountain  141 

Page  489 


Page 

Captain  Salmon  B.  Ormsby  143 

Government  Surveying  Party   147 

'  'Leather  Stocking' '  Walgamot 149 

Clyde  D.  Lloyd    , 151 

Snowdrifts  in  June   '. 154 

George  R.  Ogden   156 

Government  Surveyor  Barber  Identifying  Corner 158 

Robert   B.   Montague 161 

Maud  Witt    163 

Frank    E.    Alley    165 

Judge  O 'Day  Grilling  Witness  Heidecke  167 

Puter  Estimating  Timber  on  C.  A.  Smith  Claim  170 

Special  Agent  J.  H.  Alexander    173 

The  Famous  United  States  Grand  Jury 177 

Sample  of  Tillamook  County  Timber  181 

Foothills  of  the  Big  Horn  Mountains  184 

Clerk  J.  F.  Casey,  of  the  General  Land  Office  187 

A  Glimpse  of  the  High  Sierras 191 

A  Typical  Mountaineer  Named  Andy  Nicholls  193 

Group  of  Portland  Newspaper  Men  197 

Mount  Hood,  Oregon    201 

Lumber  Flume  at  Bridal  Veil,  Oregon  205 

Samples  of  Lubricant    209 

Scene  on  the  Allie  Houser  Claim   211 

Irvin  Rittenhouse    213 

Judge  Tanner  on  the  Witness  Stand 215 

Harry  C.  Robertson   217 

Heney  Arguing  the  Mitchell  Case   218 

Ex-United  States  Senator  John  M.  Thurston 219 

The  Late  United  States  Senator  Mitchell 221 

A  Group  of  Sugar  Pines 227 

United  States  District  Judge  John  J.  DeHaven 228 

Marie  Ware-McKinley 231 

"Chink  in  Stocks' '   233 

State  Senator  Robert  A.  Booth 237 

Eskimo  Grave  on  St.  Michael's  Island 239 

William  J.  Burns  241 

Fenway  Branch  Postoffice,  Boston,  Mass. 245 

Women  Homesteaders  in  Lane  County,  Oregon 249 

The  Last  Line-up  in  Oregon 253 

Trading  Station  in  the  British  Possessions 257 

United  States  District  Judge  Charles  E.  Wolverton 261 

An  Official  Inspection 266 

William  C.  Bristol .  271 

Bogus  Homestead  Claim  on  Summit  of  Sierras 275 

Some  Clackamas  County,  Oregon,  Timber 280 

United  States  Marshal  Charles  J.  Reed,  of  Oregon 285 

Robert  L.  Stevens,  Sheriff  of  Multnomah  County,  Oregon 290 

"Dad"  Hunter,  Jailer  of  the  Multnomah  County  Jail 292 

Puter  at  Work  in  His  Cell 294 

Map  of  Township  13  S.,  R.  3  R,  Linn  County,  Oregon 296 

Plat  of  Township  13  S.,  R.  4  E.,  Linn  County,  Oregon 293 

United  States  Surveyor-General  George  A.  Westgate 299 

Logging  Train  in  Humboldt  County,  California 301 

Sample  of  Redwood  Timber  in  Humboldt  County,  California 303 

C.  A.  Smith  

•  'Bull  Donkey' '  in  Operation  Among  the  Redwoods 309 

The  Sequoia's  Last  Stand  

The  Happy  Family   

Ex- United  States  Senator  George  W.  McBride,  of  Oregon 

T.  W.  Davenport 

Ex-United  States  Senator  Joseph  Simon,  of  Oregon  326 

Page  490 


Page 

Ex-Governor  T.  T.  Geer,  of  Oregon 331 

Official  Pet  of  Gibsonville,  California 333 

Governor  George  E.  Chamberlain,  of  Oregon 335 

Railroad  Commissioner  Oswald  West,  of  Oregon 337 

Dr.  Van  Gesner   340 

Government  Exhibit  in  the  Williamson  Case   343 

"Scapegoat"    345 

Ex-Congressman  J.  N.  Williamson,  of  Oregon 346 

Yellow  Fir  Logs  Ready  for  the  Bull  Donkey 349 

George  Sorenson 353 

Marion  R  Biggs 355 

John  H.  Hall 359 

Edward  A.  Putnam   361 

Edward  W.  Dixon,  Chief  of  Field  Division  No.  3 363 

Stupendous  Scheme  of  Illegal  Fencing   365 

' '  Pretty  Moth ' '  of  Oregon  Politics 367 

Map  Showing  Mt.  Rainier  National  Park  Steal  of  the  Northern  Pacific 369 

James  Henry  Booth,  Ex-Receiver  Roseburg  Land  Office 372 

Gold  Dredger  at  Work  Near  Oroville,  California 375 

Critical  Moment  in  the  Williamson  Case 378 

Sample  of  Burnt  Over  Lands  of  the  Northern  Pacific  in  Mt.  Rainier  National  Park ....   381 

J.  F.  ("Jack")  Kerrigan 384 

The  Picture  that  Elected  Binger  Hermann  to  Congress 386 

John  F.  Cusack,  Professional  ' ' Cruiser' ' 391 

Corner  Post  and  '  'Bearing  Trees" 393 

Yellow  Pine  Tree  in  the  Big  Meadows 394 

Horace   Stevens    397 

Museum  of  the  California  State  Mining  Bureau 404 

Birdseye  View  of  Oil  Field  in  Southern  California 406 

Sample  "Seepage' '  in  the  Oil  Fields 407 

Standard  Oil  Drilling  Rig  in  Operation 411 

Lewis  E.  Aubury,  State  Mineralogist  of  California 419 

Town  of  Taylorsville,  Plumas  County,  California 421 

La  Porte,  Plumas  County,  California 423 

Scope  of  Operations  of  Timber  Thieves  in  Mineral  Belt 425 

Scene  in  the  United  States  Land  Office  at  Susanville,  California,  During  Great  Rush  for 

Timber  in  1902  426 

Fredonia  Pass,  Lassen  County,  California 427 

Camel's  Peak,  Plumas  County,  California 428 

H.  H.  Yard,  the  ' ' frenzied"  Mineral  Locator 429 

Gibsonville,   Sierra  County,  California 430 

Edward  H.  Benjamin   432 

Thomas  B.  Walker   435 

State  Mineralogist  Aubury  in  His  Office 437 

The  Late  Michael  A.  Meyendorff,  Special  Agent,  General  Land  Office 449 

Ex-Secretary  of  the  Interior,  Ethan  Allen  Hitchcock 453 

Embryo  Matches   454 

Dr.  Harry  Lane,  Mayor  of  Portland,  Oregon 457 

Enormous  Timber  Growth  in  the  Siletz  Country 463 

James  Rudolph  Garfield,  Secretary  of  the  Interior 465 

Scene  in  the  Sunset  Oil  Fields,  Kern  County,  California 468 

An  Humble  Home  in  the  Siletz  Country 470 

Palatial  Residence  of  a  Siletz  Homesteader 471 

Ira  Wade,  Clerk  of  Lincoln  County,  Oregon 472 

United  States  Senator  Charles  W.  Fulton,  of  Oregon 475 

Sample  Residence  of  a  Siletz  Homesteader '.  .   476 

R.  A.  Ballinger,    Ex-Commissioner  General  Land  Office 478 

Thad.  S.  Potter 480 

Fred  Dennett,  Commissioner  of  the  General  Land  Office  481 

Arthur  B.  Pugh,  Special  Assistant  to  the  Attorney-General   484 

Daniel  W.  Baker,  United  States  Attorney  for  the  District  of  Columbia  486 

Uncle  Sam,  as  He  is  Liable  to  Appear  Twenty  Years  Hence  488 

Page  491 


Contents 


Page 

INTRODUCTORY    7 

CHAPTER  L 15 

Early  life  of  Puter  in  the  California  Redwoods,  showing  how  he  was  reared  amidst  scenes  of 
turmoil  and  bereft  of  refining  influences — Details  the  Indian  outbreak  of  forty  years 
ago,  wherein  his  childhood  home  was  reduced  to  ashes — Gives  his  experience  as*  a  lum- 
berman and  practical  logger — Also  tells  the  story  of  his  initial  connection  with  Govern- 
ment lands,  and  how  his  environs  were  such  as  to  inspire  him  with  a  desire  to  prey 
upon  the  public  domain — Describes  the  first  fraud  of  any  consequence  under  the 
Timber  and  Stone  Act  of  June  3,  1878. 

CHAPTER    IL     21 

Stephen  A.  Douglas  Puter  meets  Franklin  Pierce  Mays,  and  the  pair  form  a  mutual  admira- 
tion society,  which  ripens  into  a  business  relationship  of  many  years'  standing.  He 
also  comes  in  contact  with  Willard  X.  Jones,  and  subsequent  events  indicate  that  there 
was  all  kinds  of  pleasure  and  profit  in  the  association  of  the  Triumvirate.  Describes 
some  of  their  crooked  transactions  in  connection  with  the  public  domain,  and  also  tells 
how  Ex-Surveyor-General  Meldrum  refused  to  be  buncoed.  Operations  of  Puter  and 
Jones  result  in  a  criminal  proceeding  of  a  "hold-up"  character,  and  marks  the  Land- 
Fraud  King's  first  appearance  as  a  defendant. 

CHAPTER  IEL  33 

C.  A.  Smith,  a  Minneapolis  millionaire,  engrosses  the  attention  of  the  Land-Fraud  King, 
and  their  acquaintance  ripens  into  a  clever  scheme  to  bunco  Uncle  Sam  out  of  a  vast 
tract  of  Oregon  timber.  The  outwitted  Northern  Pacific  seeks  revenge  by  having  Mc- 
Kinley  arrested,  and  is  also  blamed  for  reporting  the  matter  to  the  Government.  As  a 
result  of  subsequent  investigations  by  the  Land  Department,  several  special  agents  fall 
by  the  wayside  under  the  mystic  spell  of  Fred.  K ribs'  tainted  money,  and  the  effort  to 
acquire  patents  on  the  fraudulent  entries  marks  the  first  step  in  the  downfall  of  United 
States  Senator  John  H.  Mitchell. 

CHAPTER  IV 46 

History  of  the  Famous  Township  "11-7"  deal,  whereby  Puter  and  his  associates  demon- 
strate conclusively  that  there  is  an  actual  method  of  stealing  Government  land — Des- 
perate efforts  of  the  conspirators  to  secure  the  early  issuance  of  patents  on  the  fraud- 
ulent claims  includes  the  wholesale  bribery  of  public  officials  of  both  high  and  low 
degree — Details  of  the  transaction  in  which  United  States  Senator  John  H.  Mitchell,  of 
Oregon,  figures  as  the  taker  of  tainted  money  in  the  shape  of  two  $1000  bills  for  his 
services  in  securing  favorable  action  by  the  Land  Department  at  Washington. 

CHAPTER    V 67 

Emboldened  by  their  success  in  the  "11-7"  deal,  Puter  and  McKinley  seek  new  worlds  to 
conquer,  and  are  rewarded  by- making  a  rich  haul  in  Township  "24-1" — McKinley 
plays  an  interesting  hold-up  game  with  Clyde  Lloyd  in  the  transaction,  his  careless 
methods  resulting  in  laying  the  foundation  for  subsequent  Governmental  prosecutions — 
The  irrepressible  Franklin  Pierce  Mays  also  takes  a  hand  in  the  game  upon  a  per- 
centage basis,  and  poor  Hobson  is  left  with  his  usual  choice. 

CHAPTER  VL   80 

Details  of  a  well-laid  plot  to  raid  the  public  domain  in  the  Deschntes  Country,  wherein  108 
"dummies"  seek  to  acquire  17,280  acres  of  fine  timber  land  for  speculative  purposes 
— A  combination  of  adverse  circumstances  operates  to  Puter's  disadvantage,  notwith- 
standing the  collossal  ideas  of  "Old  Pard"  Mays  on  the  subject  of  evading  conse- 
quences— A.  B.  Hammond,  a  wealthy  Pacific  Coast  lumberman,  figures  as  a  bold  finan- 
cier, but  is  prevented  from  doing  business  on  account  of  the  general  cussedness  of  in- 
animate things — Inspector  Greene,  of  the  Interior  Department,  strikes  a  smoking  trail, 
and  a  case  of  mistaken  identity  leads  to  an  amusing  situation. 

CHAPTER    VTJL     91 

Petty  controversies  between  McKinley  and  young  Lloyd  over  money  matters  furnishes  the 
basis  for  the  first  land  fraud  indictments  in  Oregon — -Colonel  Greene  has  his  suspicions 
aroused  by  reason  of  the  "24-1"  transaction,  and  lifts  the  lid  from  the  ugly  mess — 
Incidentally,  Special  Agent  Linn  en,  of  the  General  Land  Office,  distinguishes  himself  in 
the  terpsiehorean  art  while  in  search  of  evidence  against  the  conspirators — Francis 
J.  Heney,  Special  Assistant  to  the  United  States  Attorney-General,  makes  his  initial 
appearance  at  the  land  fraud  trials,  and  his  presence  causes  a  general  scurrying  to 
shelter  by  the  two  female  defendants,  as  well  as  considerable  anxiety  on  the  part  of 
F.  P.  Mays. 

CHAPTER  VUL    97 

Wherein  Mrs.  Emma  L.  Watson  is  spirited  away  under  the  advice  of  Attorney  F.  P.  Mays. 
and  an  interesting  account  is  given  of  the  frantic  efforts  made  by  the  Government  to 
discover  her  hiding-place — Sleuth  Gallagher  shows  up  to  good  advantage  in  the  start, 
but  is  finally  obliged  to  let  'er  go — Puter  relates  the  ingenious  methods  resorted  to  by 
himself  and  McKinley  in  throwing  the  secret  service  man  off  the  scent,  and  altogether, 
enough  queer  mix-ups  occur  to  make  the  affair  a  "Comedy  of  Errors." 

Page  492 


Page 

CHAPTER  IX 105 

Capture  of  Mrs.  Watson  in  Chicago  by  Government  sleuths  after  a  hide-and-seek  game  of 
long  duration — The  Windy  City  newspapers  draw  the  long  bow  in  describing  the  affair, 
and  print  photographs  of  attractive  actresses  to  represent  the  fair  prisoner,  in  lieu  of 
her  genuine  picture,  which  has  never  been  published  heretofore — Puter  details 
his  clever  efforts  to  throw  the  Secret  Service  off  the  scent,  and  almost  succeeds  in 
getting  Mrs.  Watson  out  of  town-^-Detective  Gallagher  comes  in  for  a  gilt-edged 
''roast"  at  the  hands  of  Mrs.  Watson,  and  Special  Inspector  Greene,  of  the  Interior 
Department,  indulges  in  a  wild-goose  chase  to  his  sorrow. 

CHAPTER   X 123 

Heney's  coup  in  substituting  the  11-7  case  for  that  of  the  24-1  throws  consternation  in  the 
ranks  of  the  defendants,  and  upsets  Mays'  arrangements  with  United  States  Attorney 
Hall  to  have  Heney  beaten  in  the  weaker  case,  so  as  to  open  the  doors  for  the  dis- 
missal of  the  other — Marie  Ware  meets  an  interesting  mining  man,  who  is  assiduous  in 
his  attentions,  and  almost  wins  her  tender  young  heart,  but  he  proves  to  be  Douglas  W. 
Doyle,  of  the  Government  Secret  Service,  and  the  astounding  discovery  causes  the  wed- 
ding bells  to  go  on  a  strike — Colonel  Greene  shows  to  disadvantage  as  a  sleuth — 
Details  of  the  final  preparations  for  the  great  11-7  battle. 

CHAPTER  XI    136 

Trial  of  the  famous  "11-7"  case  ends  in  speedy  conviction  after  a  series  of  sensational 
developments- — Puter  charges  that  himself  and  associates  were  to  be  sacrificed  as  a 
burnt  offering  in  atonement  for  the  sins  of  those  "higher-up" — Incidentally,  the  land 
fraud  king  pays  his  respects  to  John  H.  Hall,  and  shows  how  the  efforts  of  the  ousted 
United  States  Attorney  to  hide  Heney's  light  under  a  bushel  met  with  disastrous 
consequences — Binger  Hermann's  fickle  memory  proves  a  factor  at  the  trial,  but  fails 
to  save  the  defendants — Telegraphic  correspondence  between  Heney  and  Mitchell  indi- 
cates the  powerful  pressure  brought  by  the  Government  to  secure  the  Senator's  at- 
tendance as  a  witness — Special  Agent  Loomis  and  Forest  Superintendent  Ormsby  shine 
as  pastmasters  in  the  art  of  making  misleading  reports. 

CHAPTER  XII '. 171 

Puter 's  motives  for  aiding  the  Government — His  cooperation  with  Heney  and  Burns  the 
mainstay  in  the  efforts  to  connect  United  States  Senator  John  H.  Mitchell  with  the 
Oregon  land  frauds — How  Frederick  A.  Kribs  was  driven  into  a  corner  and  forced  to 
"peach"  on  his  friends — C.  A.  Smith,  the  notorious  Minneapolis  millionaire,  saved  by 
the  statute  of  limitations — Unique  system  of  "mining"  pursued  by  the  Secret  Service 
Department  in  reducing  the  strongholds  of  conspiracy. 

CHAPTER  XIII 212 

Evidence  produced  before  the  Federal  Grand  Jury  by  Fred  A.  Kribs  and  others  results  in 
the  indictment  and  subsequent  conviction  of  United  States  Senator  John  H.  Mitchell, 
of  Oregon,  for  violation  of  Section  1782  of  the  Revised  Statutes — Judge  Tanner, 
Senator  Mitchell's  law  partner,  breaks  down  in  the  Grand  Jury  room,  and  in  order  to 
save  his  son  from  criminal  prosecution,  confesses  that  a  fake  partnership  agree- 
ment between  the  law  firm  of  Mitchell  &  Tanner  had  been  substituted  for  the  original, 
and  changed  so  as  to  exonerate  Senator  Mitchell  from  any  criminal  liability — Some 
interesting  inside  history  of  the  manner  in  which  the  Government  secured  damaging 
evidence  against  the  accused  statesman,  wherein  Irvin  Rittenhouse,  private  secretary 
to  Prosecutor  Heney,  distinguishes  himself  as  a  sleuth.- 

CHAPTER   XIV 229 

Tells  how  the  acquaintance  between  the  land  fraud  king  and  his  chief  lieutenant  originated 
— Also  gives  a  graphic  account  of  the  brilliant  social  function  in  Chicago,  wherein 
the  gay  and  festive  Horace  G.  McKinley  leads  the  charming  Marie  L.  Ware  to  the 
altar,  both  bride  and  groom  being  exceedingly  well  known  in  land  fraud  circles — Cards 
are  sent  out  announcing  that  the  happy  couple  would  be  "At  Home"  in  11-7 — 
Recites  the  preparations  for  McKinley 's  flight  to  the  Orient,  and  pretends  to  describe 
the  form  of  punishment  meted  out  by  the  Chinese  Government  to  its  own  looters  of 
the  public  domain  in  the  Flowery  Kingdom. 

CHAPTER  XV.    234 

Describes  Puter 's  flight  from  the  Pacific  Coast  upon  learning  that  the  Oregon  State 
authorities  were  after  him  on  account  of  his  connection  with  alleged  fraudulent  school 
land  deals  in  that  State — Also  tells  about  the  various  disguises  he  adopted  to  avoid  de- 
tection, and  gives  the  inside  facts  pertaining  to  his  unique  system  of  correspondence 
with  his  family  and  friends  for  the  purpose  of  baffling  pursuit. 

CHAPTER  XVI 240 

Full  particulars  regarding  Puter's  exciting  capture  by  Secret  Service  Agent  Burns  at  the 
Fenway  Branch  Postoffice  in  Boston,  on  the  night  of  March  26,  1906,  and  his  subse- 
quent sensational  escape  from  the  famous  Government  sleuth — Clever  plans  are  pre- 
pared for  ensnaring  the  land  fraud  king,  but  the  postmaster's  blunder  upstes  calcula- 
tions— Puter's  gun-play  after  a  fierce  battle  on  the  sidewalk  causes  the  great  detective 
to  beat  an  unceremonious  retreat  and  enables  the  wily  land  grabber  to  get  away — De- 
tails successful  efforts  to  evade  re-capture,  and  tells  about  his  wanderings  following 
escape  from  Burns. 

CHAPTER  XVH 254 

The  King  of  the  Oregon  Land  Fraud  Ring  encounters  a  Boston  lawyer,  who  furnishes  him 
some  valuable  up-to-date  ideas  on  the  subject  of  "cultured"  looting — Holds  Puter  up 
to  the  tune  of  $322  for  collecting  a  $1022  check — Describes  his  interesting  experi- 
ences as  a  fugitive  from  justice  and  the  clever  methods  adopted  to  evade  the  Govern- 
ment sleuths. 

Page  493 


Page 
CHAPTEB  XVIII   


subsequent  confinement  in  various  jails,  in  the  coarse  of  which  he  hands  of  Sheriff  of 
Alameda  County  some  left-handed  compliments  for  his  Russianize? methods  of  conduct- 
ing a  prison — Is  much  shocked  to  learn  that  he  was  betrayed  by  Allie  McKinley  his 
former  partner's  cousin — Is  transported  to  Portland.  Oregon,  where  he  receives  a 
severe  sentence  for  his  misdeeds — Takes  up  the  burdens  of  life  as  philosophically  as 
possible  in  the  Mnltnomah  County  jail,  and  receives  a  New  Year's  gift  from  President 
Roosevelt  in  the  form  of  a  pardon. 


CHAPTEB  XIX. 295 

C.   A.   Smith, 
Senate   i 

joined  the  _CT 

gives  a  local  newspaper  a  false  interview  concerning  the  land~frand  king— The'iatter 
retaliates,  and  proves  Smith  to  be  not  only  the  Premier  Disciple  of  Ananias  but  a 
Shylock  of  the  first  water  and  a  miser  of  the  deepest  dye,  behind  whom  the  turnkev 
stalked  with  fiendish  glee  until  the  statute  of  limitations  kindly  came  to  his  rescue  ' 


>,  the  multi-millionaire  of  Minneapolis,  and  candidate  for  the  United  States 
from  Minnesota,  grows  exceedingly  "chesty"  when  he  imagines  Pnter  has 
the  "Down  and  Out"  Club  on  account  of  being  a  fugitive  from  justice  and 


CHAPTEB  Try     315 

A  few  pertinent  facts  connected  with  Oregon  State  School  Lands,  which  have  a  tendency 
to  throw  considerable  light  on  the  inner  workings  of  one  system  of  plunder  slightly  out 
of  the  ordinary — Indemnity  selections  are  shown  to  be  a  favorite  method  of  operation, 
and  the  "School  Land  Ring"  comes  in  for  its  share  of  attention — Governor  Pennoyer's 
heart  and  the  State  Treasury  are  touched  simultaneously  by  a  clever  ruse,  wherein  a 
bum  actor  plays  a  leading  part — How  the  Hyde-Benson  gang  stole  a  march  on  the 
Oregon  "Push,"  and  got  away  with  40.000  acres  of  lien  in  the  cascade  Forest  Reserve 
under  their  eyes,  causing  muck  wailing  and  gnashing  of  teeth  among  the  "faithful" — 
Ex-Governor  Geer  looms  up  in  the  land  fraud  limelight — The  -election  of  Governor 
Chamberlain  marks  the  downfall  of  the  School  Land  sharks,  and  Oswald  West  earns  an 
enviable  reputation  as  State  Land  Agent — Puter's  explanation  of  the  State  indictments 
against  him. 

CHAPTEB    X"XT    339 

Conviction  of  Congressman  Williamson.  Dr.  Van  Gesner  and  Marion  R.  Biggs,  for  con- 
spiracy to  defraud  the  Government  of  its  public  lands,  after  three  stubbornly-contested 
trials — Apprehending  a  third  disagreement  of  the  jury.  Heney  prepares  for  a  fourth 
trial  of  the  ease — The  United  States  Supreme  Court  grants  Williamson  a  new  trial 
upon  grounds  that  practically  open  the  doors  for  all  forms  of  abuse  of  the  timber  land 
laws,  and  legalizes  the  "dummy"  system  of  acquiring  titles  under  the  Act  of  June 
3.  1878. 

CHAPTEB  XXII   347 

Details  of  the  great  Blue  Mountain  Forest  Reserve  conspiracy,  as  outlined  at  the  trial  of 
F.  P.  Mays.  W.  X.  Jones  and  George  Sorenson — All  three  defendants  are  convicted 
after  a  trial  that  broke  all  records  in  the  Federal  Courts  of  Oregon  for  longevity — 
McKinley  and  Tarpley  work  a  shrewd  flim-flam  game  on  Mays,  who  threatens  to 
"checkerboard"  their  holdings  unless  they  pay  tribute  to  his  autocratic  power — 
Almost  the  entire  Oregon  delegation  in  Congress  is  implicated  in  the  plot  to  establish 
the  Blue  Mountain  reserve,  which  develops  into  a  clever  scheme  to  convert  a  large 
quantity  of  school  land  into  forest  reserve  scrip. 

CHAPTEB   Will     257 

John  H.  Hall's  repeated  efforts  to  protect  his  political  associates  from  criminal  prosecution 
for  violations  of  the  Federal  statutes  results  in  his  conviction  for  conspiracy  in  the 
Butte  Creek  Land,  Livestock  A  Lumber  Company  Case,  during  which  a  gigantic  scheme 
of  inclosing  Government  land  is  laid  bare — Nearly  20.000  acres  of  the  public  domain  is 
inclosed  in  a  vast  pasture  by  the  wealthy  corporation,  but  the  persistency  of  Edward 
A.  Putnam,  a  small  stockraiser.  in  fighting  for  his  rights,  is  the  David  that  destroys 
the  Goliah  of  evil— Senator  Fulton's  name  is  brought  under  an  unpleasant  limelight  by 
the  Court  proceedings,  and  the  inactivity  of  former  United  States  Attorney  Hall  is 
established  clearly  by  the  testimony,  especially  where  those  "higher  up"  were 
involved — George  C.  Brownell.  the  uncrowned  king  of  Clack  amas  county  politics,  is 
absolved  from  blame  by  Government  Prosecutor  Heney,  as  a  result  of  Henry  MeldrunTs 
confessions. 

CHAPTEB  XXIV    368 

Under  the  guise  of  creating  a  National  Park  from  the  bleak  territory  surrounding  Mt. 
Rainier,  Congress  enacts  a  measure  giving  the  Northern  Pacific  Railroad  Company 
autocratic  powers  in  the  selection  of  Government  lands,  and  enables  the  Hill  cor- 
poration to  exchange  its  worthless  holdings  for  valuable  tracts  in  every  State  pene- 
trated by  its  lines — How  the  Land  Department,  under  the  Ballinger  regime  has  aided 
the  Northern  Pacific  with  its  lieu  selections — With  less  than  thirty  miles  of  con- 
structed road  in  Oregon,  the  railway  company  is  empowered  by  Congress  to  make  selec- 
tion of  more  than  3OO.OOO  acres  of  valuable  timber  lands  in  that  State — The  bulldozing 
manner  in  which  settlers  are  prevented  from  taking  homestead  claims. 

CHAPTEB  XXV -   388 

Some  interesting  information  on  the  subject  of  "cruisers,"  showing  the  important  work  of 
this  highly  necessary  class  in  connection  with  the  lumbering  industry — Honesty  and 
integrity  a  prime  factor  in  the  business  of  estimating  timber — How  dealers  in  timber 
lands  are  often  swindled  by  misleading  reports  of  dishonest  cruisers — Also  exposes  the 
scheme  of  land  locators  to  catch  victims,  and  furnishes  a  way  of  preventing  deception 
in  this  respect. 

P»ge  494 


Page 


CHAPTER    XXVI. 


395 


History  of  the  famous  contest  between  the  Scrippers  and  Mineral  Locators  in  the  Kern 
River  oil  fields  of  California,  over  the  titles  to  valuable  petroleum  lands,  wherein 
Binger  Hermann  figures  as  the  Good  Samaritan — The  plot  also  thickens,  involving  a 
high  Federal  official  in  its  meshes,  besides  having  something  to  do  with  the  mysterious 
disappearance  of  Henry  J.  Fleischmann,  the  petted  child  of  fortune,  with  half  a 
million  dollars  belonging  to  the  funds  of  a  Los  Angeles  bank,  and  "no  questions 
asked"  or  arrests  made. 

CHAPTER  XXVII    417 

Great  rush  of  Eastern  timber  speculators  with  a  horde  of  dummy  entrymen  into  the  virgin 
forests  of  Northern  California  impels  the  State  Mining  Bureau  to  send  a  special  agent 
to  the  affected  districts  for  the  purpose  of  investigating  numerous  complaints  relative 
to  encroachments  on  unpatented  mining  claims  by  the  greedy  grabbers — His  report  to 
State  Mineralogist  Aubury  has  the  effect  of  drawing  the  President's  attention  to  the 
situation,  with  the  result  that  an  Executive  proclamation  is  issued,  making  provisional 
suspension  of  a  vast  territory  for  forest  reserve  purposes,  and  calling  a  halt  on 
further  depredations — It  also  encompasses  the  loss  of  several  official  heads  in  the  Land 
Department,  and  likewise  reveals  a  cunning  scheme  to  grab  265,000  acres  of  valuable 
timber  land  by  process  of  placer  mining  locations,  in  order  to  blaze  the  way  for  the 
coming  of  the  Western  Pacific  railroad. 

CHAPTER  XXVIII 442 

Grist  of  the  Government's  land  fraud  mill  in  the  shape  of  indictments  and  convictions — 
How  the  famous  Federal  Grand  Jury  of  Oregon  put  a  stop  to  the  reign  of  the  looters. 
In  the  course  of  a  session  lasting  several  months,  the  body  returns  numerous  indict- 
ments covering  about  every  phase  of  the  land  fraud  situation  with  the  result  that 
twenty-seven  persons  have  already  been  convicted  while  other  trials  are  to  follow. — - 
Resume  of  the  different  cases  showing  social  status  of  most  of  those  involved. 

CHAPTER  XXIX   455 

A  few  arguments  in  support  of  President  Roosevelt's  forestry  policy — How  the  creation 
of  reserves  has  been  the  salvation  of  the  timber  industry  in  this  country — Views  of 
those  well-informed  indicate  that  it  was  a  wise  plan  to  place  the  control  of  the  forests 
in  the  general  Government,  and  that  the  only  protest  comes  from  selfish  interests — 
How  the  Denver  Public  Lands  Convention  had  the  tables  turned  in  the  effort  to 
discredit  the  President's  policies. 


CHAPTER   XXX. 


469 


The  story  of  Siletz — How  the  Indians  were  robbed  of  their  homes  for  the  benefit  of  pale- 
faced  looters,  under  the  guise  of  treaty  rights — The  scheme  to  open  the  reservation  to 
settlement  under  a  special  homestead  law  merely  a  cloak  for  grabbing  the  timber  by 
dishonest  methods,  as  only  a  few  entrymen  were  acting  in  good  faith — The  part 
United  States  Senator  Fulton,  of  Oregon,  took  in  the  game  of  trying  to  induce  the 
Secretary  of  the  Interior  to  expedite  the  issuance  of  patents  to  the  bogus  entries  of 
Willard  N.  Jones — How  old  soldiers  were  lured  into  committing  perjury  by  the  clink 
of  land  fraud  gold — Fulton's  senseless  warfare  on  William  C.  Bristol  prevents  the 
latter  from  being  confirmed  as  United  States  Attorney  for  Oregon,  and  also  helps  ma- 
terially in  the  overthrow  of  Fulton  at  the  polls. 

CHAPTER  XXXI 483 

Brief  history  of  the  famous  Hyde-Benson-Schneider-Dimond  Conspiracy  Case,  now  on  trial 
at  Washington,  D.  C. — Defendants  brought  to  bar  after  four  years  of  vexatious  delays 
— Some  interesting  features  in  connection  with  the  manner  in  which  the  evidence 
against  the  accused  was  unearthed  by  the  Government. 


:,                                                                                                                                                                                                                                                                          x 

ADDRESS    ALL    COMMUNICATIONS    TO 

PUTER  AND  STEVENS 

PORTLAND,  OREGON 

